IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 35810 of 2009(U) --------------------------------------- PETITIONER(S): ----------------------- PUTHUSSERY PARWATHY, W/O.LATE KRISHNAN NAMBIAR, AGED 80, PAYYAVOOR P.O., KANNUR DISTRICT, KERALA STATE, PIN-670 633. BY ADVS.MR.V.C.JAMES MR.JOBY JOSEPH RESPONDENT(S): ------------------------ 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION), LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A.) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. R1 BY ADV.MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 & R3 BY GOVT. PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35810/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 3.4.98. P2:- COPY OF THE COMMUNICATION DTD. 16.4.99 ADDRESSED TO THE 2ND RESPONDENT BY THE DISTRICT COLLECTOR. P3:- COPY OF THE THE JAIL CERTIFICATE ISSUED BY THE SUPERINTENDENT CENTRAL JAIL, KANNUR. P4:- COPY OF THE SANCTION LETTER DTD. 31.7.99 FORWARDED BY THE STATE GOVERNMENT TO THE CENTRAL GOVERNMENT. P5:- COPY OF THE COMMUNICATION NO. 119/1/GENERAL /98-FFSZ DTD. 22.7.98. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35810 OF 2009 --------------------------------------- Dated this the 18th day of February, 2010. J U D G M E N T The petitioner is the widow of late Sri.Krishnan Nambiar who was a prominent freedom fighter and had suffered imprisonment for having participated in the Kavumbai struggle. He died on 28.08.1999. The Government of India as per letter No.6/1/97 FF (P) dated 20.01.1998 has recognised Kavumbai struggle for sanction of SSS pension. 2. It is stated that the petitioner's husband had undergone 9 months imprisonment for the period from 20.01.1947 to 29.10.1947. Exhibit P3 is the copy of the jail certificate. Exhibit P1 is the copy of the application forwarded by the petitioner's husband for grant of SSS pension. After processing the same, the District Collector forwarded it to the State Government on transmission to the Central Government on 16.04.1999, which is evidenced by Exhibit P2. Exhibit P4 is the verification cum entitlement report forwarded by the State W.P.(C) No.35810/2009 2 Government to the Central Government along with the application and other enclosures. Exhibit P5 is the communication issued by the Central Government to the petitioner after receipt of the advance copy of the very same application stating that the Ministry is still awaiting report from the State Government. Exhibit P4 is the subsequent communication issued by the State Government to the Central Government as noted already. Since the application has not been finally disposed of so far, there will be a direction to the 1st respondent to take a decision on the application in accordance with the scheme and communicate the same to the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp