IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 25139 of 2009(J) -------------------------- PETITIONER(S): --------------- K.M.OMANA, W/O.LATE KUNDAN @ KORAN GURUKKAL, P.O.MALAPPATTAM, SREEKANDAPURAM VIA, KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-2 GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25139 of 2009 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE EXTRACT OF THE U.T REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. EXT.P2 TRUE EXTRACT OF THE CONVICT REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. EXT.P3 TRUE COPY OF THE PROCEEDING NO.6/1/97-FF(P) DATED 20/1/1998 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P4 TRUE COPY OF THE CERTIFICATE DATED 07/01/1998 ISSUED TO THE DEPUTY COLLECTOR. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25139/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of April, 2010 J U D G M E N T The petitioner is seeking for a direction to the first and second respondents to sanction and disburse the Swatantrata Sainik Samman Pension along with arrears. 2. The petitioner is the widow of one Shri P.Kundan @ Koran Gurukkal who had participated in the freedom struggle and was arrested in connection with the Kavumbhai struggle and had undergone imprisonment. It is averred in the writ petition that the petitioner's husband was accused in Crime No.16/1947 on the file of the Second Class Magistrate Court, Thaliparamba. He was arrested on 26/02/1947 in connection with the offence and remanded to jail and no bail was granted by the Court. He was in jail till 10/05/1947 as an under trial prisoner and, finally, the learned Magistrate convicted the petitioner on 10/05/1947 for a period of three months rigorous imprisonment under Section 147 of the Indian Penal Code and rigorous imprisonment for six months under Section 379 of the Indian Penal Code with the sentences to run consecutively. In appeal, the sentence was reduced by three months each with a further direction that the sentences shall run concurrently. The petitioner's husband was released on W.P.(C). No.25139/2009 -:2:- 28/08/1947 and Exts.P1 and P2 are the true extract of the under trial register and convict register issued by the Superintendent, Central Jail, Kannur. 3. Ext.P3 is the order by which the Central Government recognised the Kavumbhai struggle as part of freedom struggle. It is averred in the writ petition that the petitioner submitted application for grant of S.S.S. Pension along with the necessary documents on 06/05/1998. She is also granted pension by the State Government under the Freedom Fighters' Pension Scheme. Ext.P4 is the copy of the said order. 4. It is submitted by the learned counsel for the petitioner that the application and Annexures are pending before the State Government for transmission to the Central Government with the necessary report and, so far, no action has been taken by them. 5. In the light of the above position, there will be a direction to the third respondent to forward the Verification-cum-Entitlement Report after due enquiry along with the documents and annexures to the first respondent within a period of two months from the date of receipt of a copy of this Judgment. On receipt of the same, the first respondent shall process the same and pass final orders within a further period of four months. The writ W.P.(C). No.25139/2009 -:3:- petitioner will forward a copy of the writ petition along with a copy of this Judgment to the third respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms