IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 19564 of 2009(M) ---------------------------------- PETITIONER(S): ------------------- MADHAVI, AGED 80 YEARS, W/O.LATE M.P.KANDANKORAN, PUTHUKKAYIL HOUSE, ALAPPADAMBU, ETTUKUNDUKKA P.O., VIA.KARIVALLUR, KANNUR-670 521. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FREEDOM FIGHTERS' DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, UNION OF INDIA, FREEDOM FIIGHTERS' DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC (FREEDOM FIGHTERS PENSION)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. R1 & 2 BY ADV. SRI.T.SANJAY, CGC R3 - R4 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 19564/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF MATHRUBHOOMI NEWS REPORT DATED 11/08/1995. P2: COPY OF COMMUNICATION DATED 28/07/1990. P3: COPY OF CERTIFICATE ISSUED BY SRI.K.MADHAVAN P4: COPY OF CERTIFICATE ISSUE DBY SRI.K.OTHENAN P5: COPY OF CERTIFICATE ISSUED BY SRI.ARAYAKANDY ACHUTHAN. P6: COPY OF REPRESENTATION TO THE CHIEF MINISTER DATED 02/02/2008. P7: COPY OF COMMUNICATED DATED 29/09/2008 P8: COPY OF LETTER DATED 19/12/2008 P9: COPY OF CLARIFICATION DATED 29/12/1972 ISSUED BY THE GOVERNMENT. P10: COPY OF THE COMMUNICATION DATED DECEMBER 2004 FROM THE CENTRAL MINISTRY. P11: COPY OF JUDGMENT IN WPC. 3506/2006 DATED 08/08/2007 RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ ANTONY DOMINIC, J. ================ W.P.(C) NO. 19564 OF 2009 ===================== Dated this the 24th day of November, 2010 J U D G M E N T Petitioner is a widow. Her husband is late Sri.Kandankoran. According to the petitioner, her husband was a freedom fighter, who participated in the Goa Liberation Movement. Insupport of this plea petitioner has produced Ext.P1, a newspaper report published in Mathrubhumi daily, dated 11.8.1955. This newspaper carries a photograph of a group of Freedom Fighters marching in connection with the Goa Liberation movement. In the news paper report, among the participants, petitioner's decased husband's name is also mentioned. 2. According to the petitioner, her husband expired in 1970 and that by 1990, when she came to know about the pension scheme available to the freedom fighters participated in the Goa Liberation Movement, she made an application enclosing Exts. P3 to 5 series of certificates. However, the District Collector issued Ext.P2 stating that since the documents produced by the petitioner were not acceptable, the application made by the petitioner could not be placed before the District Advisory Board. W.P.(C) NO. 19564 OF 2009 2 Ext.P2 was issued on 28.07.1990. Petitioner did not pursue the matter further. 3. Later, the petitioner submitted Ext.P6 representation dated 02.02.2008 before the Chief Minister, requesting to issue orders granting pension. To that representation she was issued Ext.P8, requiring the petitioner to submit an application with necessary documents to consider her claim for grant of pension. It is on receipt of Ext.P8, this Writ Petition is filed. 4. Goa Liberation Movement(Phase II) was recognised by the State Government as a Freedom Movement and its participants have been ordered to be given the benefit of Pension. Prima facie, from Ext.P1, P3, P4 and P5 certificates produced by the petitioner, it appears that the petitioner's late husband was a participant in the Goa Liberation Movement. Since the purpose of the pension scheme, is to honour genuine participants in the freedom struggle, irrespective of the delay involved and having regarding to the material produced, I feel that the claim made by the petitioner needs to be considered by the District Advisory Board. W.P.(C) NO. 19564 OF 2009 3 5. Therefore, this Writ Petition is disposed of the District Advisory Board should consider the documents produced by the petitioner, conduct an enquiry and take a decision on the application made by the petitioner duly adverting to the material available. Fourth respondent shall forward the application made by the petitioner to the District Advisory Board, which shall consider the same in the light of the provisions of the State Pension Scheme and pass appropriate orders. I direct that it will open to the petitioner to produce a copy of the judgment along with a copy of this writ petition. It is clarified that it will also be open to the petitioner to furnish further details that may be necessary for proper consideration of the application made by her. This Writ Petition is disposed of. ANTONY DOMINIC, JUDGE. ln