IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JULY 2007 / 25TH ASHADHA 1929 WP(C).No. 21231 of 2006(C) --------------------------------------- PETITIONER: ------------------- ALIYAMMA, W/O. VELU NARAYANAN, AGED 75, POOJAKKUNNEL, KALAVAMKODAM P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH. RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.MAJNU KOMATH, ADDL.CGSC, GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21231/2006: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION DTD. 29/04/98. EXT.P.2: COPY OF THE STATE PENSION ORDER DTD. 06/06/79 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P.3: COPY OF THE LETTER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 04/02/2004. EXT.P.4: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 23/06/2006. EXT.P.5: COPY OF THE CERTIFICATE ISSUED BY SRI. H.K. CHAKRAPANI DTD. 15/02/2006. EXT.P.6: COPY OF THE COPY APPLICATION AND THE ORDER IN CASE NO. C.C. 8/1122 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. I, CHERTHALA DTD. 12/04/2006. EXT.P.7: COPY OF THE CENTRAL PENSION ORDER OF H.K. CHAKRAPANI DTD. 18/06/2003. EXT.P.8: COPY OF THE EXTRACT OF THE CONVICT REGISTER RELATING TO THE CHAKRAPANI ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM DTD. NIL. EXT.P.9: COPY OF THE A.D. CARD DTD. 29/06/2006. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. S. SIRI JAGAN, J. ------------------------------------ WP(C) NO. 21231 OF 2006 ------------------------------------- Dated this the 16th day of July, 2007 J U D G M E N T The petitioner challenges Ext.P3 order whereby the second respondent has refused to recommend the petitioner's case for freedom fighter's pension under the Swathanthrata Sainik Samman Pension Scheme. The contention of the petitioner is that Ext.P3 has been passed without affording an opportunity of being heard to the petitioner. The petitioner has filed Ext.P4 application for reviewing Ext.P3 order. 2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader. In so far as Ext.P3 order has been passed without hearing the petitioner, I am satisfied that the matter should be reconsidered by the second respondent after affording an opportunity of being heard to the petitioner. 3. Accordingly, I quash Ext.P3 and direct the second respondent to consider the application of the petitioner afresh after affording an opportunity of being WP(C) NO. 21231 of 2006 :-2-: heard to the petitioner which shall include an opportunity to adduce fresh evidence in support of the petitioner's claim. This shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, Judge Mbs/ WP(C) NO. 21231 of 2006 :-3-: S.SIRI JAGAN, J ------------------------------------ W.P.(C) NO. OF 2001 ------------------------------------ J U D G M E N T WP(C) NO. 21231 of 2006 :-4-: DATED:01-06-2007