IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 26814 of 2008(P) ------------------------------------ PETITIONER(S): ---------------------- PANKAJAKSHY,AGED 82,THEKKEVAZHATHUSSERIL THAICKAL.P.O.,CHERTHALA,ALAPPUZHA. *ADDL. PETITIONERS IMPLEADED. 2. PONNAMMA, AGED 60, D/O. PANKAJAKSHY VASU, THEKKEVAZHATHUSSERIL,, KADAKKARAPPALLY, CHERTHALA, ALAPPUZHA. 3. JALALJA, AGED 58, DO. DO. 4. DINESAN, AGED 52 , DO. DO. 5. SUSEELA, AGED 50, DO. DO. 6. SUJATHA, AGED 48, DO. DO. 7. SUDHARMINI, AGED 46, DO. DO. *ADDL. P2 TO P7 ARE IMPLEADED AS PER ORDER DTD.10/02/2010 IN IA. NO.1775/2010. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENRAL ADMINISTRATION DEPARTMENT, SECRETARIATE,THIRUVANANTHAPURAM. R1 BY ADV. MR.SUNNY XAVIER, ACGSC BY MR.T.P.M.IBRAHIMKHAN, ASG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26814/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION OF THE PETITIONER DTD. 24.3.98. P2:- COPY OF THE LETTER DTD. 5.1.99 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA. P3:- COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 7.1.1976. P4:- COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DTD. 24.1.1972. P5:- COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 24.7.2008. P6:- COPY OF THE CO- PRISONER CERTIFICATE ISSUED BY SRI. P.A.SOLOMON EX.MP. DTD. 3.3.09. P7:- COPY OF THE REPRESENTATION DTD. 18.6.09. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26814/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of February, 2010 J U D G M E N T The mother of the additional petitioners 2 to 7 was the widow of Late Shri V.R.Venu who was a participant in the Punnapra-Vayalar struggle. She died on 15/10/2009. The first petitioner-mother filed an application for S.S.S Pension as per Ext.P1 which has been acknowledged by the first respondent as evidenced by Ext.P2. It is averred in the writ petition that he was arrested in connection with Case No.P.3.7/1122 M.E of the Special Magistrate Court, Alappuzha and kept in the Cherthala and Alappuzha police lock-ups from 15/10/1946 to 15/04/1947. The husband of the first petitioner was granted pension under the Kerala Freedom Fighters Pension Scheme and after his death, the first petitioner was receiving pension as evidenced by Ext.P3. 2. Aggrieved by the inaction on the part of the respondents in not granting pension, this writ petition has been filed. 3. The first respondent has filed a counter affidavit pointing out that so far the State Government has not forwarded the verification-cum-entitlement report along W.P.(C). No.26814/2008 -:2:- with the application and recommendation and, therefore, their claims could not be considered. 4. There will be a direction to the second respondent to forward the verification-cum-entitlement report along with the application and annexures to the first respondent within a period of six weeks from the date of receipt of a copy of this Judgment. The first respondent will pass appropriate orders within a further period of five months on receipt of the records from the State Government. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms