IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 31232 of 2007(R) --------------------------------------- PETITIONER: ------------------- P.K. DASAN, S/O. KUTTAN, AGED 80 YEARS, PUTHUSSERIL, VADUKKUMMURI PAKUTHI, CHERTHALAI P.O., ALAPPUZHA DISTRICT, RESIDING AT CHEKODU P.O., CHRUVAYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI, ADV. SMT.C.G.PREETHA, ADV. SMT.P.RANI DIOTHIMA. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31232/2007-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 01/03/1997 ISSUED BY THE R.1. EXT.P.2: COPY OF THE LETTER ISSUED TO THE PETITIONER DTD. 18/08/2006. EXT.P.3: COPY OF THE LETTER DTD. 30/01/2007 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.4: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE DTD. 09/02/2007 ISSUED BY SRI. H.K. CHAKRAPANI. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31232 of 2007-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December , 2008. JUDGMENT The petitioner is seeking for grant of freedom fighters' pension under the Kerala Freedom Fighters Pension Scheme. The petitioner has stated in para 2 of the writ petition the details of his participation in the Punnapra- Vayalar Movement. It is stated that he was seriously injured by bullet and that his uncle Narayanan, uncle's son Padmanabhan and uncle's grand son Prabhakaran who participated in the movement along with him, were killed in the firing by the police. It is stated that an arrest warrant was issued against him by the Special Magistrate's Court, Cherthala in Case No.PE.10/1122(ME) and he was in exile from 30.10.1046 to 31.7.1948. Ext.P1 is the reply given to the petitioner through Shri Izhack Kurikkal, Ex. M.L.A. stating that his application has not been recommended by the District Collector and hence rejected. Again, he represented the matter and by Ext.P2, he was directed to produce copy of arrest warrant/court records or jail records. By Ext.P3, again his application stands rejected for the reason that he has not produced copies of documents from official records. After Ext.P3, the petitioner has produced Ext.P4, Personal Knowledge WPC 31232/2007 -2- Certificate by Shri H.K. Chakrapani. It therefore calls for a fresh decision. There will be a direction to the respondents to consider the application for pension submitted by the petitioner in the light of the Personal Knowledge Certificate issued by late Shri H.K. Chakrapani on its merits. Since the application is for freedom fighter's pension, it has to be considered on its merits and technicalities shall not come in the way. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/