IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 23523 of 2005(A) -------------------------------------- PETITIONER: ----------------- SUBHADRA, W/O. LATE V.A.KUMARAN, VADATHOTTUNGAL, KUTHIRAPANTHI WARD, ALAPPUZHA-2. BY ADV. SRI.K.K.SATHISH RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM - R2 ADV. SRI.P.MURALEEDHARAN, ADDL.CGSC - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).23523/2005-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA DATED 29/06/1972. EXT.P2: COPY OF THE LETTER NO.F6-2733/73 DATED 08/08/1975 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA INVITING HIM TO RECEIVE THE THAMRAPATHRA ON 15/08/1975. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DATED 16/05/1998. EXT.P4: COPY OF THE NARC ISSUED BY THE SUPDT. OF SUB-JAIL, ALLEPPEY DATED 05/07/1973. EXT.P5: COPY OF THE LETTER NO.H3.55724/03/D. DIS. DATED 04/01/2004 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 12/07/2005. EXT.P7: COPY OF THE CO-PRISORNER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX- MP DATED 27/06/2005 ALONG WITH HIS CENTRAL PENSION PAYMENT ORDER. EXT.P8: COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED DATED 29/01/1999. EXT.P9: COPY OF THE LETTER NO.52/CC/KER/20/2001-FF(SZ) DATED 28/01/04 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P10: COPY OF THE ORDER NO.52/CC/K/69/2004-FF(SZ) DATED 03/02/2005 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.23523/2005-A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of July, 2008 J U D G M E N T The writ petitioner is a widow of late Sri.V.A.Kumaran, who had actively participated in the Punnapra-Vayalar movement. He had undergone imprisonment in the defunct Sub Jail, Alappuzha, for a period of more than one year from 01/12/1946 to 13/12/1947. He was granted the benefit of Kerala Freedom Fighters' pension as per Ext.P1. Ext.P2 shows that the petitioner's late husband was the holder of 'Thamrapathra'. Ext.P3 is an application for grant of S.S.S pension and Ext.P4 is the Non-Availability of Records Certificate (N.A.R.C) issued by the Superintendent of defunct Sub Jail, Alappuzha. By Ext.P5, the District Collector, Alappuzha, informed that proper documents have not been produced showing the details of imprisonment. Thereafter, the petitioner submitted Ext.P6 representation along with Exts.P7 to P10. It is submitted that the same are pending consideration before the second respondent. W.P.(C).NO.23523/2005-A -:2:- In view of the above, there will be a direction to the second respondent to consider Ext.P6 and the acceptability of the documents produced along with it, and forward a fresh Verification-cum-Entitlement Report to the first respondent along with the annexures and the application. The same shall be done within a period of two months from the date of receipt of a copy of this Judgment. The first respondent shall, thereafter, consider the matter and pass appropriate orders within a further period of two months on receipt of the records from the State Government. In the event of sanction of pension, the entitlement of the petitioner for payment of arrears with effect from the date of Ext.P3 dated 16/05/1998, will also be considered. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms