IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 W.A.No. 2051 of 2008 ------------------------------ AGAINST THE JUDGEMENT IN WPC.26455/2005 DATED 30/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------ M.POOKUNJU, SHAJAHAN MANZIL, ADINADU NORTH, KARUNAGAPPALLY. (VIA) KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU SRI.S.SATHI KUMAR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA , REPRESENTED BY THE SPECIAL SECRETARY TO THE GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFPB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. DISTRICT COLLECTOR, KOLLAM. CHAIRMAN OF THE ADVISORY COMMITTEE FOR FREEDOM FIGHTERS, OFFICE OF THE COLLECTORATE, KOLLAM. 3. THE TAHSILDAR, KARUNAGAPPALLY, KOLLAM DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.2051 of 2008 ------------------------------------------ Dated, this the 23rd day of October, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.26455 of 2005 dated 30th July, 2008. (2) On an earlier occasion, the petitioner was before this Court in W.P.(C) No.29988 of 2003 questioning Ext.P5 order passed by the District Collector wherein he had rejected the application filed by the petitioner for grant of freedom fighters pension. This Court while disposing of the writ petition had directed the respondents to reconsider the application of the petitioner which was received by them after affording an opportunity of hearing to the petitioner and further permitting the petitioner to produce such of those documents which would support his claim and case. (3) After the disposal of W.P.(C) No.29988 of 2003, the Government have passed Exts.P6 order wherein it is categorically stated that the petitioner was imprisoned not prior to the independence of this country, but later on. Secondly it is stated that the certificate produced by the petitioner would not support his case or claim. The said order was communicated to the petitioner by Ext.P7 proceedings of the District Collector. W.A.No.2051 of 2008 2 (4) The learned Single Judge after going through the order passed by the Government has come to the conclusion that the order passed by the Government does not suffer from any arbitrariness or non-consideration of relevant materials. Therefore, has rightly rejected the writ petition. That is how the petitioner in the writ petition is before us in this writ appeal. (5) We have also carefully perused Exts.P6 and P7 orders passed by the Government and the District Collector respectively. In our opinion, the Government after taking into consideration the relevant materials that are produced by the petitioner, has rejected the request of the petitioner. (6) Having gone through the said orders and also the orders passed by the learned Single Judge, we do not see any good ground to entertain this writ appeal. Accordingly, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns