IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 26073 of 2007(D) -------------------------- PETITIONER(S): --------------- SMT.KAMALAKSHI AMMA , W/O.DAMODARAN PILLAI, AGED 78 YEARS, KALEEKKAL THEKKATHIL VEEDU, MEENATHU CHERRY, KAVANAD P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN SRI.S.HARIKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION (FREEDOM FIGHTERS PENSION) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI. L.G. SURESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ANNEXURE II FORM DATED 10.8,.85 SUBMITTED BY THE PETITIONER'S HUSBAND ALONG WITH HIS APPLICATION. EXT.P2 TRUE COPY OF THE ORDER NO. N1-82946/88/K.DIS. DATED 15.12.88 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE REVIEW PETITION DATED 28.3.89 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE PETITION DATED 26.5.1990 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE REVIEW PETITION DATED 19.5.2000 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE ENQUIRY REPORT NO.130/2000 DATED 1.6.2000 SENT TO THE 2ND RESPONDENT BY THE VILLAGE OFFICER, SAKTHIKULANGARA. EXT.P7 TRUE COPY OF THE LETTER NO. N2-28131/2000 DATED 6.7.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P8 TRUE COPY OF THE LETTER NO. N2-28131/2000 DATED 28.11.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P9 TRUE COPY OF THE COVERING LETTER DATED 10.6.2002 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT. EXT.P9(a) TRUE COPY OF THE JAIL CERTIFICATE OF THE GHEE VARGHESE UNNOONNY. EXT.P9(b) TRUE COPY OF THE JAIL CERTIFICATE OF R. KARUNAKARAN PILLAI. EXT.P10 TRUE COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI. GHEE VARGHESE UNNOONNY IN FAVOUR OF PETITIONER'S HUSBAND. EXT.P10(a) TRUE COPY OF CO-PRISONER CERTIFICATE ISSUED BY SRI. R. KARUNAKARAN PILLAI IN FAVOUR OF PETITIONER'S HUSBAND. EXT.P10(b) TRUE COPY OF CO-PRISONER CERTIFICATE ISSUED BY SRI. K.GOPINADHAN IN FAVOUR OF PETITIONER'S HUSBAND. EXT.P11 TRUE COPY OF PROCEEDINGS OF THE DISTRICT ADVISORY COMMITTEE IN RESPECT OF PETITIONER'S HUSBAND. EXT.P12 TRUE COPY OFN ORDER NO. 88181/FFP-B3/2002/GAD DATED 10.3.2003 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P13 TRUE COPY OF JUDGMENT DATED 17.2.2006 IN WPC 23312 OF 2003 OF THIS HON'BLE COURT. EXT.P14 TRUE COPY OF THE AMENDED APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P15 TRUE COPY OF ORDER NO. 70761/FFP/B3/2004/GAD DATED 21.6.2006 ISSUED BY THE FIRST RESPONDENT. EXT.P16 TRUE COPY OF THE RELEVANT PAGE OF MATHRUBHOOMI DAILY DATED 15.8.2002 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 26073 OF 2007 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is challenging Ext.P15 order whereunder the State Government has declined pension to petitioner's late husband under the Freedom Fighters' Pension Scheme. Even though counsel for the petitioner submitted that members of the Committee found in favour of the claimant, it is seen from Ext.P15 that District Collector reported that there was no proof of deceased husband of the petitioner suffering imprisonment for more than one year. Since petitioner has not got recommendation from the District Collector for grant of pension, I find no ground to interfere with Ext.P15. W.P. is accordingly dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2