IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 27306 of 2009(G) --------------------------------------- PETITIONER: ------------------- K.KARUNAKARAN, AGED 85 YEARS, S/O. KESAVAN, KUNNEVELLI, KANNANKARA P.O., THANNEERMUKKOM, CHERTHALA, ALAPPUZHA-688 527. BY ADVS. MR.C.V.MANUVILSAN, MR.P.G.SURESH, SMT.K.VIDYA, MR.M.R.VIBIN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (FREEDOM FIGHTER'S PENSION DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. R1 & R2 BY GOVT. PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27306/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION UNDER KFFP SCHEME DTD. 14/05/1981. EXT.P.2: COPY OF THE REPRESENTATION DTD. 20/12/1989, PREFERRED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE REPRESENTATION DTD. 18/11/1998 PREFERRED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE REPRESENTATION DTD. 10/11/2008 SUBMITTED BEFORE THE R.1. EXT.P.5: COPY OF THE NON AVAILABILITY CERTIFICATE ISSUED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA ON 14/05/1981. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY SRI. P.K. CHANDRANANDAN, EX. MLA. EXT.P.7: COPIES OF THE PERSONAL KNOWLEDGE CERTIFICATES ISSUED BY THE SEVERAL PROMINENT FREEDOM FIGHTERS, CERTIFYING THAT PETITIONER HAD ACTIVELY PARTICIPATED IN THE FREEDOM STRUGGLE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27306 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010. JUDGMENT The petitioner herein is a freedom fighter who had actively participated in the Punnapra Vayalar freedom struggle. The main prayer in the writ petition is for a direction to the respondents to consider and take action on Ext.P3 application. 2. It is pleaded in the writ petition that in view of the involvement of the petitioner in the Punnapra Vayalar struggle, an arrest warrant was issued against him in case No.PE 8/1122 by the Special First Class Magistrate Court, Alappuzha. In order to evade arrest the petitioner went underground for a period of nine months from 10.3.1122 ME to 9.12.1122 ME. Ext.P1 is the application dated 14.5.1981 for granting pension under the Kerala Freedom Fighters’ Pension Scheme. 3. It is pointed out that once he was called by the District Collector and was directed to furnish more details and the petitioner submitted more documents to the second respondent. Even then, as no action was being taken, he preferred Ext.P2 representation before the second respondent. Ext.P3 is the further representation submitted on 18.11.1998 and Ext.P4 is wpc27306 /2009 2 the representation submitted recently, viz. on 10.11.2008. 4. It is pointed out that the petitioner has produced the NARC from the Chief Judicial Magistrate, Alappuzha as Ext.P5, a certificate issued by Shri P.K. Chandranandan, Ex. M.L.A. as Ext.P6 and Ext.P7 series certificates from other prominent freedom fighters also. 5. It is pointed out that the District Collector is the competent authority to take a decision in the matter. Therefore, the said respondent is directed to consider and pass orders on Ext.P1 after perusing all the certificates and recommendation, if any, the District Advisory Committee. If the Advisory Committee has not so far considered the matter, the same will be placed before the Committee for their decision. The action will be finalized within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/