IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 1472 of 2010(H) ------------------------- PETITIONER: ------------- SMT. A.V.SREEDEVI AMMA, W/O. LATE KOYADAN KANNAN NAMBIAR, PAYYAVOOR.P.O., KANNUR DISTRICT-670633. BY ADV. SRI.V.C.JAMES SRI.JOBY JOSEPH RESPONDENT(S): --------------- 1. THE UNION OF INDIA REP. BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION) LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINSTRATION (FFP.A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SHRI K.RAMESH FOR R2 & R3 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.1472/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF COMMUNICATION ADDRESSED TO THE 2ND RESPONDENT BY THE DISTRICT COLLECTOR. EXT.P2: TRUE COPY OF THE FORWARDING LETTER ON 9.7.99. EXT.P3: TRUE COPY OF THE COMMUNICATION NO.119/457/82/FF(S2) DATED 6.8.2000. EXT.P4: TRUE COPY OF THE COMMUNICATION DATED 7.3.2001. EXT.P5: TRUE COPY OF COMMUNICAITON DATED 1.8.01 OF THE FIRST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF REQUISITE REPORT/DOCUMENT DATED 2.6.2001. EXT.P7: TRUE COPY OF NOTICE DATED 29.11.2001 OF THE DISTRICT COLLECTOR. EXT.P8: TRUE COPY OF EXTRACT OF UNDER TRIAL PRISONERS REGISTER ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, KANNUR. EXT.P9: TRUE COPY OF EXTRACT OF CONVICT REGISTER ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, KANNUR. EXT.P10: TRUE COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR SANCTIONING THE SATE FREEDOM FIGHTERS PENSION AS PER ORDDER DATED 20.11.1973. EXT.P11: TRUE COPY OF COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR. EXT.P12: TRUE COPY OF JUDGMENT DATED 14.12.09 IN W.P.(C)No. 35964/09. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.1472 OF 2010 ----------------------------------------------------- DATED THIS THE 5th DAY OF APRIL, 2010 J U D G M E N T The petitioner is the wife of late Koyadan Kannan Nambiar, a freedom fighter and a Tamrapathra holder. She is seeking for a direction for grant of Swatantrata Sainik Samman Pension for his participation in the Kavumbai struggle. 2. The said struggle was recognised as part of the freedom struggle, as per order No.6/1/97FF(P) dated 20.1.1998. It is averred in the Writ Petition that the late husband of the petitioner suffered nine months and seven days imprisonment in connection with his participation on Kavumbai struggle. 3. The application submitted by the late husband of the petitioner is dated 3.4.1998. After due enquiry, the District Advisory Committee headed by the District Collector examined the matter and recommended to the State Government for sanction of pension to the petitioner. Exhibit P1 is the said communication, where all the details have been incorporated. W.P.(C)No.1472/2010 -2- 4. The State Government has forwarded the recommendation along with Exhibit P2. It was received by the Central Government and thereafter they issued Exhibit P3 communication seeking further details from the State Government. Exhibit P4 is a reminder letter dated 7.3.2001 issued to the State Government by the Central Government. Thereafter, the District Collector was directed by the State Government to furnish the requisite report/document at an early date for onward transmission to the Government of India. A notice was issued to the petitioner by the District Collector as per Exhibit P7 to produce certain materials. Thereafter, the petitioner forwarded a true attested copy of the under trial prisoners' register and convict register issued by the Superintendent of Central Prison, Kannur as per Exhibit P8. Exhibit P9 is the copy of the extract of the convict register issued by the Superintendent of Central Prison, Kannur. This was also forwarded to the Central Government, through the State Government, points out the petitioner. W.P.(C)No.1472/2010 -3- 5. The petitioner, therefore, seeks for a direction to the Central Government to take appropriate action on the recommendation and sanction the pension. 6. There will be a direction to the Central Government to take a decision on the applications submitted in the light of the recommendation and further reports forwarded by the State Government within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn