IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 37572 of 2007(W) --------------------------------------- PETITIONER: ------------------- K.S.GOPI, VAZHAYIL VEEDU, ADINADU SOUTH, KATTIKADAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY SRI.N.DHARMADAN, SENIOR ADVOCATE, ADV. SMT.D.P.RENU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL (FFPB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. R.D.O., KOLLAM, OFFICE OF THE R.D.O., COLLECTORATE, KOLLAM. 4. THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY. R1 TO R4 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.37572/2007-W: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C).2303/05 DT. 15/09/05 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE ORDER DTD. 29/09/2007 ISSUED BY R.2. EXT.P.3: COPY OF THE MINUTES (RELEVANT PORTION) DTD. 21/08/2006. EXT.P.4: COPY OF THE AFFIDAVIT OF THE PETITIONER DT. 09/08/02 EXECUTED BY C.J.M, KOLLAM. EXT.P.4.A: COPY OF THE CERTIFICATE DT. 12/09/01 ISSUED BY DR. P. JAYARAJAN. EXT.P.5: COPY OF THE REQUEST DTD. 05/12/93 BY PETITIONER. EXT.P.6: COPY OF THE LETTER DTD. -10-2001 BY PETITIONER. EXT.P.7: COPY OF THE REPORT OF THE R.D.O. DT.D 25/02/2000. EXT.P.8: COPY OF THE REQUEST DTD. 25/10/02 BY PETITIONER. EXT.P.9: COPY OF THE JUDGMENT IN O.P.21180/99 DT. 08/12/99 OF THIS HON'BLE COURT. EXT.P.10: COPY OF THE JUDGMENT IN W.A. NO. 1117/09 DT. 09/06/09 OF THIS HON'BLE COURT. EXT.P.11: COPY OF THE NEWS ITEM DT. 13/07/2010 PUBLISHED IN KERALA KAUMUDI. EXT.P.11: COPY OF THE CO-PRISONERS CERTIFICATE ISSUED BY SRI. GEE VARGHESE UNNUNNI TO PETITIONER (IN I.A. NO. 4197/2011). EXT.P.12: COPY OF THE CO-PRISONERS CERTIFICATE ISSUED BY SRI. K. GOPINATHAN TO PETITIONER. EXT.P.13: COPY OF THE NEWS ITEM DT. 13/07/2010 PUBLISHED IN KERALA KAUMUDI. EXT.P.14: AFFIDAVIT BY SRI. KOCHAPPAN PILLAI DT. 25/09/2011. RESPONDENT'S EXHIBITS:- EXT.R1.A: COPY OF THE LETTER NO. C1-14569/06 DTD. 14/03/2007 OF THE REVENUE DIVISIONAL OFFICER, KOLLAM. EXT.R1.B: LETTER NO.50287/FFP-B3/2000/GAD DTD. 29/05/2002 ISSUED TO THE DISTRICT COLLECTOR, KOLLAM. W.P.(C).NO.37572/2007-W: EXT.R1.C: COPY OF THE LETTER NO. 50287/FFP-B3/2000/GAD DTD. 29/05/2002 ISSUED TO THE PETITIONER. EXT.R1.D: COPY OF THE CO-PRISONER CERTIFICATE DTD. 09/08/1985. EXT.R1.E: COPY OF THE CO-PRISONER CERTIFICATE DTD. 11.92. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37572 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2011 J U D G M E N T This writ petition is filed by the petitioner challenging orders rejecting the claim of the petitioner for Freedom Fighters' Pension. 2. On 27.09.2011, I passed the following interim order: “In this writ petition, the petitioner seeks to prove his suffering in the freedom struggle on the basis of a co-prisoner's Certificate issued by one Sri. Ghee Varghese Unnunni. The petitioner's contention is that a co-prisoner's certificate issued to another prisoner by name Sri. Kochappan Pillai by the same person was accepted and freedom fighters' pension was sanctioned to him. As such, the refusal to accept co-prisoner's certificate issued by the same person to the petitioner is unsustainable. 2. The contention of the respondents appears to be that in the application filed by the petitioner, the petitioner claimed under ground sufferings and not jail suffering. If the petitioner claimed pension on the basis of underground suffering, then the co-prisoner's certificate produced by the petitioner which certifies jail suffering cannot be accepted. For that, it is necessary to peruse the application of the petitioner for Freedom Fighters' Pension. 3. The learned Government Pleader shall make available the file relating to the application of the petitioner for Freedom Fighters' Pension. Post in the weekly list on 10.10.2011.” Today, pursuant to the interim order, the learned Government Pleader produced before me the file containing W.P.(C)No.37572 of 2007 -2- the original application submitted by the petitioner. In the same, the petitioner's claim is as follows: “Participated in the freedom struggle and remained underground for more than 6 months from 5.11.1945 to 20.7.1946.” But admittedly the certificates produced by the petitioner is in respect of jail sufferings. I cannot assume that the petitioner mistook underground sufferings for jail sufferings in so far as both are distinctly separate and different. When the petitioner submitted an application for freedom fighters' pension on the ground of underground sufferings and the certificates produced are in respect of jail sufferings, clearly I cannot accept that the petitioner's claim is genuine. In the above circumstances, I do not find any merit in the writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/