IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 29651 of 2006(E) ----------------------------------- PETITIONER: ----------------- V.PRABHAKARAN NAIR, E3/133, ANJALI, C.H.COLONY, VELLIMADUKUNNU, P.O.MARYKKUNNU, KOZHIKODE DISTRICT. BY ADV. MR.C.P.MOHAMMED NIAS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., GENERAL ADMINISTRATION (FFPB) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. R1 AND R2 BY GOVERNMENT PLEADER MR. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2009 THE COURT ON 05/02/2009 DELIVERED THE FOLLOWING: WPC NO. 29651 OF 2006 APPENDIX Petitioner's exhibits: Ext.P1 : True copy of the article published by the Malabar Committee of the Freedom Fighters Association Ext.P2 : True copy of the letter dated 1.1.2002 of the 2nd respondent to the petitioner. Ext.P3 : True copy of the certificate dated 7.10.2001 Ext.P4 : True copy of the certificate dated 2.10.2001 Ext.P5 : True copy of letter dated 21.1.02 of the 2nd respondent to the petitioner. Ext.P6 : True copy of letter dated 24.3.2002 of the 1st respondent to the petitioner Ext.P7 : True copy of the representation dated 25.5.2002 of the petitioner to the 1st respondent. Ext.P8 : True copy of the certificate dated 23.5.2002 Ext.P9 : True copy of the certificate dated 20.7.2002 Ext.P10: True copy of letter dated 1.7.02 of the RDO, Tellichery Ext.P11: True copy of order dated 21.12.2002 of the 1st respondent. Ext.P12: True copy of order dated 4.7.2003 of the 1st respondent. Ext.P13: True copy of the judgment dated 13.3.2006 in WP(C) No. 37333/2003 Ext.P14:True copy of representation dated 24.5.06 of the petitioner to the 1st respondent. Ext.P15: True copy of the notice dated 14.6.06 of the 2nd respondent to the petitioner. WPC No. 29651 of 2006 Ext.P16: True copy of the representation dated 3.7.06 of the petitioner to the 2nd respondent. Ext.P17: True copy of the order dated 26.8.2006 of the 1st respondent Ext.P18: True copy of the news item that appeared in Malayala Manorama Daily dt.27.5.2007 /True copy/ P.A. to Judge HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 29651 OF 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 JUDGMENT This writ petition is filed seeking to quash Ext.P17 order passed by the first respondent. The further direction sought for is for grant of freedom fighters pension. 2. The petitioner, is a senior citizen, aged 80 years. According to him, he had actively associated with the freedom movement. He had played a prominent role in mobilizing the students force in the Quit India movement. His activities commenced during his school days. In a commemorative souvenir published by the Malabar Committee of the Freedom Fighters Association in 1972 in connection with Silver Jubilee of Indian Independence, the petitioner's role as a freedom fighter is remembered. 3.The petitioner submitted application for freedom fighters pension on 10.1.2001. The reason for the delay in submitting application is also explained by him in paragraph 3 of the writ petition. The Government being convinced of the reason for the delay in filing the application forwarded the same to the second respondent vide letter dated 7.12.2001 for enquiry and report. The petitioner produced records in support of his application. He has produced the certificates issued by WPC No.29651 of 2006 : 2 : two co-prisoners who participated in the freedom movement and NAR certificate. Exts.P8 and Ext.P9 are the co-prisoners certificates and Ext.P10 is the NAR certificate issued by the Revenue Divisional Officer, Thalasserry. 4. By Ext.P11 and Ext.P12 orders the application was rejected stating that the petitioner did not produce sufficient documents in support of his application. 5. In the writ petition No. 37333 of 2003 filed by the petitioner, this Court observed that the reasons stated for rejecting the application is too technical and further observed that Government shall not take such a rigid stand and reject the applications even when the petitioner submitted documents in the prescribed form. This Court quashed Exts.P11 and P13 orders and directed the 2nd respondent to consider the documents produced by the petitioner namely Exts.P8, P9, P10 and P3 and other documents already produced and pass appropriate orders. Pursuant to the direction issued, Ext. P17 order was passed again rejecting the application. 5. Counsel for the petitioner submitted that the requirements for grant of freedom fighters pension, in the absence of records available regarding the detention etc., the petitioner is entitled to produce two co-prisoners certificate along with a NAR certificate. In this WPC No.29651 of 2006 : 3 : case all the certificates are produced, therefore, there is no reason for the first respondent to reject the application. It is stated that he has produced relevant documents including the date of birth certificate, co- prisoners certificates and that there is sufficient reason to condone the delay in submitting the application. The fact stated therein that he has not produced co-prisoners certificate is absolutely untrue. I have already observed that petitioner has reasonably explained the reason for not submitting the application in time. This Court find that the reasons explained for the delay in submitting the application is satisfactory and that can be accepted. 6. It is submitted by the learned counsel for the petitioner that the original of the certificate and proof documents are submitted but it is stated in Ext.P17 that only copies of the same are submitted. In paragraph 1 of Ext.P13 judgment this Court observed that Ext.P4 and Ext.P5 produced in the writ petition No. 37333 of 2003 is not in prescribed form and that later on, the petitioner obtained certificate in the prescribed form as evidence by Exts. P8 and P9. Exts.P8 and P9 are the copies of the originals. It is submitted by the petitioner that the original documents were produced before the authorities. If any original documents were not produced before the authorities, the petitioner shall produce the same within 3 weeks. I, therefore, quash Ext.P17 order and WPC No.29651 of 2006 : 4 : the first respondent shall pass appropriate orders within a period of 2 months from the date of receipt of the copy of the judgment The writ petition is disposed of accordingly. (HARUN-UL-RASHID, JUDGE) KMD