IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 24751 of 2009(L) --------------------------------------- PETITIONER: ------------------- KARTHIYANI AMMA,W/O.LATE.K.KUNHAMBU, THENNISSERY VEETTIL,ERUVESSY.P.O, VIA.CHEMBERI, THALIPARAMBA,KANNUR DISTRICT. BY ADV. MR.O.D.SIVADAS. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT,MINISTRY OF HOME AFFAIRS,NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,GENERAL ADMINISTRATION (FFP.B)DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY MR. T.P.M. IBRAHIM KHAN, ASST. S.G., R3 BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24751/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: EXTRACT OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. EXT.P.2: COPY OF THE PROCEEDINGS NO.6/1/97-FF (P) DTD. 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P.3: COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF THE APPLICATION. EXT.P.4: COPY OF THE PENSION PAYMENT ORDER DTD. 09/12/1996. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24751 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010. JUDGMENT The petitioner is an applicant for grant of Swathanthratha Sainik Samman Pension. Her late husband K. Kunhambu was a freedom fighter who participated in the freedom struggle and was arrested in connection with Kavumbhai struggle and had undergone imprisonment. He was the first accused in Crime No.117 of 1946 which was registered as S.C.21/1947 on the file of the Sessions of North Malabar. Ext.P1 is the true extract of the certificate issued by the Superintendent, Central Jail, Kannur relating to the term of imprisonment and conviction of the petitioner's husband. 2. Kavumbhai struggle was recognised as part of freedom struggle as per Ext.P2 order dated 20.1.1998. The petitioner filed an application for grant of SSS pension and Ext.P3 is the true copy of the acknowledgment card evidencing the receipt of the same by the Home Ministry. According to the information of the petitioner, it was forwarded through the District Collector, Kannur for enquiry, but the State Government has not forwarded the mandatory recommendation in the form of a report to the Central Government and the application is still pending before the State wpc 24751 /2009 2 Government. 3. The respondents have not filed any counter affidavit, even though the service is complete. 4. All that the petitioner seeks for is a direction to the third respondent to forward the application along with annexures, to respondents 1 and 2 for consideration. Therefore, there will be a direction to the third respondent to forward the application along with annexures and verification-cum-entitlement report, to respondents 1 and 2 within a period of six weeks from the date of receipt of a copy of this judgment. Respondents 1 and 2 will thereafter take a decision on the merits of the claim, within a further period of four months. The petitioner will produce a copy of this judgment before the respondents for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/