IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35788 of 2007(I) -------------------------------------- PETITIONER: ------------------- RAJAMMA BHASKARAN,W/O.LATE K.V.BHASKARAN THAYIL VEEDU (KARALASSERIL), THUMPOLY P.O., ALAPPUZHA DT. BY ADV. SRI.K.K.SATHISH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. R1 & R2 BY GOVT. PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35788/2007-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AFFIDAVIT DULY ATTESTED BY THE EXECUTIVE IST CLASS MAGISTRATE, ALLEPPEY DT. 27/05/1974 SUBMITTED BY THE PETITIONER. EXT.P.2: COPY OF THE PKC ISSUED BY SRI. S. DAMODARAN MLA DT. 06/08/1973. EXT.P.3: COPY OF THE PKC ISSUED BY SRI. C.G. SADASIVAN EX-MLA DT. 23/03/1974. EXT.P.4: COPY OF THE LETTER NO. F6-672/AMBALAPUZHA/SR DT. 10/03/1976 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.5: COPY OF THE COMMUNICATION NO.K. DIS. 126750/76 DTD. 14/12/1976 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.6: COPY OF THE REPRESENTATION DTD. 13/09/2007 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P.7: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ARYAD SOUTH VIDE NO.6985/07 DTD. 12/09/2007. EXT.P.8: COPY OF THE NARC FROM THE DISTRICT MAGISTRATE'S COURT, ALLEPPEY. EXT.P.9: COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DTD. 12/09/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35788/2007-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2008. J U D G M E N T The petitioner is the widow of Sri.K.V.Bhaskaran who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. Earlier, the petitioner had filed an application for the grant of Kerala Freedom Fighters' Pension, which is produced as Ext.P1 along with the personal knowledge certificates issued by prominent freedom fighters, namely, Sri.S.Damodaran MLA and Sri.C.G.Sadasivan Ex-MLA which are produced as Exts.P2 and P3. By Ext.P4, she was directed to produce the required certificate to show that she is the legally wedded wife of late Sri.K.V.Bhaskaran and, finally by Ext.P5, she was informed that the applications stands rejected for the reason that there is no evidence to show that she is the legally wedded wife of Sri.K.V.Bhaskaran. 2. The petitioner has now produced in this writ petition, Ext.P6, a detailed representation producing various certificates mentioned as enclosures therein. They include certificate issued by the Village Officer, Aryad South dated 12/09/2007, stating that she is the legally wedded wife of Sri.K.V.Bhaskaran and she has not remarried. She has also produced the personal knowledge certificate from Sri.H.K.Chakrapani, the non- W.P.(C) No.35788/2007 -:2:- availability of records certificate from the District Magistrate Court, Alappuzha etc. along with Ext.P6. 3. There will be a direction to the respondents to consider Ext.P6 along with the certificates produced therein, untrammelled by the observations in Ext.P5 and pass orders thereon within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms