IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 36039 of 2007(M) --------------------------------------- PETITIONER: ------------------ K.THANKAPPAN, ANAPUZHAVELI, NORTH ARYAD P.O., ALAPPUZHA DIST. BY ADV. SRI.K.K.SATHISH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVT., GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. R1 & R2 BY GOVT. PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36039/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 21/06/1981 SUBMITTED BY THE PETITIONER FOR THE GRANT OF KFF PENSION TO THE RESPONDENTS. EXT.P.2: COPY OF THE AFFIDAVIT DULY ATTESTED BY THE SUB-DIVISIONAL MAGISTRATE, ALLEPPEY DT. 09/07/1981. EXT.P.3: COPY OF THE NARC FROM THE CJM COURT, ALLEPPEY. EXT.P.4: COPY OF THE PKC ISSUED BY SRI. P.K. CHANDRANANDAN EX-MLA DT. 20/05/1989. EXT.P.5: COPY OF THE LETTER NO. H4-16725/07 DTD. NIL ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.6: COPY OF THE FRESH NARC FROM THE CJM COURT, ALAPPUZHA. EXT.P.7: COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DTD. 08/03/2007. EXT.P.8: COPY OF THE COMMUNICATION NO. H4-16725/07/K. DIS. DTD. 25/07/07 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 03/11/2007. EXT.P.10: COPY OF THE LETTER ISSUED BY THE R.1. DTD. 30/10/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36039/2007-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2008. J U D G M E N T The petitioner is an applicant for the grant of pension under the Kerala Freedom Fighters' Pension Rules. According to him, he was an active participant in the Punnapra-Vayalar Struggle. Earlier, his application was rejected as per Ext.P8. He filed a representation (Ext.P9) and sought for a reconsideration of the matter. He has also produced Ext.P10, the order sanctioning pension to Sri.P.K.Chellappan by the Government based on the judgment in W.P.(C) No.26694/2003. He seeks for a similar treatment in respect of his application also. 2. The learned Government Pleader submits that the representation (Ext.P9) which was received on 05/11/2007 has been forwarded to the Tahsildar, Ambalapuzha for enquiry vide letter No. H4.51782/07 dated 15/11/2007. The report from the Tahsildar is yet to be received. After getting the enquiry report from the Tahsildar, the application has to be placed before the District Advisory Committee which is the competent authority to verify the petitioner's involvement in the struggle. It is submitted that the matter will be reconsidered and finally the W.P.(C) No.36039/2007 -:2:- decision will be taken on the basis of the decision of the District Advisory Committee and on the recommendation of the District Collector. 3. There will be a direction to the respondents to complete the enquiry and pass final orders within a period of two months from the date of receipt of a copy of this judgment. If the petitioner wishes to be heard in person, by the District Collector, such an opportunity will also be granted. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms