IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 2160 of 2009(F) ------------------------- PETITIONER(S): --------------- YOHANNAN PAPPY @ P.J. PAPPY, AGED 94 YEARS, S/O. YOHANNAN, MELETHIL, KAIPPATTOOR, PATHANAMTHITTA DISTRICT BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, TRIVANDRUM 3. THE SUPERINTENDENT, SUB JAIL, KOLLAM. By GOVERNMENT PLEADER SRI.K.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2160 of 2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF CERTIFICATE DATED 21.8.1976 ISSUED BY R3 TO THE PETITIONER EXT.P2: TRUE COPY OF JUDGMENT IN W.P (C) NO.15310/08 DATED 23.5.2008 EXT.P3: COPY OF ORDER ISSUED BY R2 DATED 31.7.2008 /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.2160 of 2009 -------------------------- Dated this the 23rd October,2009 J U D G M E N T Petitioner is a 93 year old senior citizen and he claims to have been involved actively in the freedom struggle. He also claims to have undergone imprisonment twice in connection with the freedom struggle. He applied for freedom fighters pension. A copy of the said application has not been placed on record and he submits that it is not available with him. He had earlier moved this Court producing all available documents including Ext.P1 certificate stated to have been issued by the Superintendent of the Sub Jail, Kollam on 21.8.1976 certifying that he was an under trial prisoner then in the Kottarakara Sub Jail from 15.12.114 to 30.5.115 ME and also in the Kollam Civil Jail from 20.4.116 to 20.7.116 M.Era. The registration number is also seen to be given therein. He was also an accused in SC 29/115. He was lodged in the Sub Jail, Kollam on 19.8.116 M.Era and thereafter acquitted on 25.8.116 M.E. W.P ( C) No.2160 of 2009 2 2. These details would be sufficient to treat the petitioner as freedom fighter. But his claim was rejected as per Ext.P3 order passed by the Government stating that the District Collector who conducted the enquiry into his application has reported that the signature and seal of the Jail Superintendent in the original of Ext.P1 is seen to be forged and that the petitioner has not been able to produce the same in spite of repeated reminders. Ext.P3 is under challenge in this writ petition. 3. A counter affidavit has been filed on behalf of the 1st respondent. 4. Essentially the petitioner’s claim has been found against on the premise that the signature and seal of the Jail Superintendent has been found as forged one. Such a serious finding can be arrived at only after specific notice in this regard is given to the person who has produced the document. No doubt, the petitioner may have been called upon to produce the original of the certificate but he has a specific claim that he had produced the original along with the application for pension. That assertion has not been W.P ( C) No.2160 of 2009 3 specifically controverted. An enquiry may therefore be done by the District Collector through a suitable subordinate authority on the issue as to whether the details given in Ext.P1 are correct or not. If the jail records show that the petitioner was actually imprisoned for the periods mentioned in Ext.P1 then the authenticity of Ext.P1 can be inferred and concluded upon. Such an attempt is not seen to have been made. Respondents should also have been sensitive to the advanced age of the petitioner. In the result, Ext.P3 is set aside. First respondent shall conduct fresh enquiry on the petitioner’s application on the aspects mentioned above A notice to the counsel who appears for the petitioner in this case may be treated as sufficient notice to the petitioner. Petitioner shall be permitted to be represented by an authorized representative including an Advocate, if necessary. Records from the Kollam Sub Jail and Kottarakara Sub Jail for the relevant period as are available shall be summoned by the 1st respondent and a meaningful enquiry shall be conducted into the petitioner’s application . A report shall W.P ( C) No.2160 of 2009 4 be forwarded by the District Collector after completion of enquiry, within two months from the date of receipt of a copy of this judgment. Government shall take a decision after notice to the petitioner within one month thereafter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.2160 of 2009 5 W.P ( C) No.2160 of 2009 6