IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No. 749 of 2007(E) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.934/2007 Dated 01/02/2007 .................... APPELLANT/PETITIONER: ---------------------------- VARGHESE KUMARICKAL,S/O.POULOSE, KUMARICKAL HOUSE,KORATTY P.O,(SOUTH), MUKUNDAPURAM TALUK. BY ADV. MR.P.VIJAYA BHANU MS.K.S.CHANDRIKA RESPONDENTS/RESPONDENTS: -------------------------------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,GENERAL ADMINISTRATION (FFP-B),DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,THRISSUR. GOVERNMENT PLEADER MS.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.A.No.749 of 2007 - E =============================== Dated this the 3rd day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Appellant filed an application for freedom fighter's pension. Even though petitioner challenged the same through a writ petition it was dismissed as proper certificate was not produced. Aggrieved by Ext.P8, S.L.P. was filed before the Honourable Supreme Court which was also dismissed as can be seen from Ext.P9. But thereafter, appellant filed Ext.P10 representation along with new document, which is a certificate issued by the Government of Goa. That was rejected only because earlier this Court refused to interfere with the earlier rejection order. Petitioner has now filed Annexure A order issued by Superintendent of Judicial Lock up, Panaji, Goa to show that he was in the judicial custody. In these circumstances, we direct the Government to reconsider the matter, taking into account the new materials produced by the petitioner, as expeditiously as possible, as the appellant is aged 82. If the petitioner is entitled W.A.No.749 of 2007 - E 2 to freedom fighter's pension on the basis of the additional documents produced, it should be granted. We are not expressing any opinion regarding the matter. Untrammelled by any observation made in the impugned judgment, we direct the Government to consider Ext.P10 representation, as expeditiously as possible, in any event, within three months from the date of receipt of a copy of this judgment. The writ appeal is disposed of as above. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-