IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 26480 of 2007(B) ---------------------------------------- PETITIONER: ------------------- N.E.YESODHA, W/O.(LATE) REGHAVAN, AGED 86 YEARS, KUNHIMADOM HOUSE, P.O.PINARAYI, THALASSERY, KANNUR. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-03. 2. STATE OF KERALA REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETRIAT,THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR DISTRICT, KANNUR. BY ADV.SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL- R1 BY GOVERNMENT PLEADER SRI. R.LAKSHMINARAYANAN – R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26480/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.M2-48124/2003 DTD. 24/06/2005 ISSUED BY THE DISTRICT COLLECTOR, KANNUR. EXT.P2: COPY OF THE APPLICATION FORM FOR SANCTIONING SWATHANTHRATHA SAINIK SAMMAN PENSION SCHEME DTD. NIL. EXT.P3: COPY OF THE AFFIDAVIT OF KITTAN CHAKRAPANI WHICH PROVES THAT THE PETITIONER HAS PARTICIPATED IN FREEDOM MOVEMENT DTD. 20/04/2004. EXT.P3(A): COPY OF THE TAMARAPATRA ISSUED TO KITTAN CHAKRAPANI. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE FREEDOM FIGHTER SRI.RAYARAPPAN DTD. 31/02/2003. EXT.P5: COPY OF THE LETTER DTD. 7/10/2005 NO.17200/FFP A1/2005/GAD ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 18/07/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE RELEVANT PORTION OF THE SWATHANTHRATHA SAINIKS SAMMAN PENSION SCHEME, 1980. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.26480 of 2007-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2008. JUDGMENT The petitioner is a freedom fighter aged about 87 and is presently said to be laid up. She is an applicant for grant of Swathanthratha Sainik Samman Pension and the true copy of the application is produced as Ext.P2. The same is dated 11.5.2004. The petitioner has produced various certificates along with Ext.P2 for sanction of pension. Ext.P1 proceedings of the District Collector, Kannur shows that she is a recipient of State Freedom Fighter's Pension. The State Government by Ext.P5, has informed her that the application along with its enclosures have been forwarded to the Govt. of India for their necessary action. Since no information was forthcoming for a long time, the petitioner filed Ext.P6 representation before the first respondent seeking for immediate action in the matter and thereafter this writ petition has been filed. 2. It is seen from the records that the application filed by the petitioner has been pending for the last four years without any action. The petitioner has not been informed of the fate of her application also. The first respondent has not filed any counter affidavit in this writ petition and there WPC 26480/2007 -2- is no evidence at all to show that any decision has been taken finally in the matter. 3. In view of the fact that the petitioner is aged and sick, an expeditious disposal of the application is required. Therefore, the first respondent is directed to pass orders on the application of the petitioner, Ext.P2, on its merits within a period of six weeks from the date of receipt of a copy of this judgment. Needless to say that the first respondent will consider the application on the merits along with the recommendation and enclosures forwarded by the State Government. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/