IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 19879 of 2003(N) -------------------------------------- PETITIONER: ----------------- A.A. KUNJU, VELIKKAKATHU, PUNNAPPARA P.O., ALAPPUZHA. BY ADV. SRI.V.P.MOHAMMED NIYAZ RESPONDENTS: -------------------- 1. THE PRINCIPAL SECRETARY TO GOVT., GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFPB) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NO. 6479/2003 IN WPC NO. 19879/2003 N. DISMISSED 01/02/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE COMMUNICATION DT. 30/5/74. EXT.P2. COPY OF THE COMMUNICATION DT.22/09/95 BY THE HOME MINISTER OF INDIA. EXT.P3. COPY OF THE CERTIFICATES ISSUED BY THE PROMINENT FREEDOM FIGHTERS. EXT.P4. COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE CJM COURT, ALAPPUZHA. EXT.P5. COPY OF THE REPRESENTATION DT. 21/4/00 BEFORE THE CHIEF MINISTER OF KERALA. EXT.P6. COPY OF THE ORDER DT. 13/03/2003 BY THE R1. EXT.P7. COPY OF THE JUDGMENT IN OP NO. 1162/97 DT. 15/12/98. T.R.RAMACHANDRAN NAIR, J. ========================= WP(C). No. 19879 of 2003-N. ========================= Dated this the 1st day of February, 2008. J U D G M E N T The petitioner is an applicant for pension under the Kerala Freedom Fighters' Pension Scheme. According to the petitioner, he was an active worker in the freedom movement as well as for a responsible Government in Travancore. It is stated that a crime as P.E.7/1114 M.E. was registered against him and he was arrested and kept in jail more than once during the period 1938-1947. 2. The petitioner submitted his application on 12.8.1972. It is averred by the petitioner that he got information that his application was rejected by the first respondent by order dated 30.12.1972. Again he made available the certificates issued by prominent freedom fighters like M/s.V.K.Karunakaran, Aphlone Aroj, N.Sreekantan Nair, Ex-MP., T.A.Abdulla, Ex.MLA and Vaidyan G.Parameswaran Pillay. Ext.P3 series are the certificates WP(C). No. 19879 of 2003-N. 2 and Ext.P4 is the non-availability of record certificate issued by the Chief Judicial Magistrate Court, Alappuzha relating to PE.No.7/1114. The petitioner produced all these documents along with a representation before the Chief Minister. 3. By Ext.P6 he has been informed that the District Collector has not recommended his application stating that there are no valid documents to support his claim and to prove any underground suffering and that no proper certificates in the form prescribed except that of Sri.V.K.Karunakaran have been produced. In respect of the certificate issued by Sri.V.K.Karunakaran it is stated that it is not in the newly prescribed form. The communication Ext.P6 is dated 13.3.2003. 4. The first respondent has filed a counter affidavit stating that the certificate issued by Sri.V.K.Karunakaran is not in the revised prescribed form and from that certificate the number of the case in which he had been arrayed as an accused is not clear. The other certificates being only general in nature they are also not acceptable. WP(C). No. 19879 of 2003-N. 3 5. The learned counsel for the petitioner submits that the question of producing a revised certificate in the newly prescribed form from Sri.V.K.Karunakaran does not arise since the certifier has passed away, long back. It is also submitted that the Case No.PE.7/1114 is clearly mentioned in the certificate and hence the reason that no case number is mentioned in that certificate is wrong. The learned counsel is well founded in his submission that no new certificate can be produced from Sri.V.K.Karunakaran as he is no more. Ext.P3 of the year 1981 and Ext.P6 order is of the year 2003. Ext.P3 contains all required details. The apparent objection taken against the certificate is therefore not correct. The learned counsel for the petitioner further submits that he will be able to produce certificates from other competent certifiers if a further opportunity is given in that regard. 6. Therefore Ext.P6 is quashed. The matter will be reconsidered by the respondents. The petitioner will be free to file a fresh representation producing any new material within a period of six weeks from the date of receipt of a copy of this judgment WP(C). No. 19879 of 2003-N. 4 before the State Government. On receipt of the same the matter will be reconsidered on the merits of the claim and not on technicalities, like the ones stated in Ext.P6. The same shall be done within a further period of two months from the date of receipt of a copy of the representation from the petitioner. The petitioner will produce before the first respondent the certified copy of the judgment along with the said representation. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-