IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 OP.No. 5549 of 2001(I) -------------------------- PETITIONER: ------------ 1. KSHATRIYA KSHEMA SABHA REGISRERED NO.437 OF 1981, TRIVANDRUM, REP. BY ITS PRESIDENT PALLATHU KOTTARATHIL AMBUJA VARMA, RESIDING AT "BHUVANAM", T.C. 19/1915, KESAVAN NAIR ROAD, POOJAPPURA, TRIVANDRUM.(*) 1. KSHATRIYA KSHEMA SABHA REGISTERED NO.437 OF 1981, TRIVANDRUM, REP. BY ITS PRESIDENT RAVI VARMA RAJA, S/O.LATE NARAYANAN NAMBOODIRI, RESIDING IN T.C.37/1930, KRISHNA VIHAR, SANKHUCHAKRA NAGAR, WEST FORT, TRIVANDRUM. 2. P.K.ETTANUNNI RAJAH, ZAMORIN RAJAH OF CALICUT, RESIDING AT AZHAVATTOM, KALOOR ROAD, MANKAVU, KOZHIKODE. (NAME & ADDRESS OF PRESIDENT REPRESENTING FIRST PETITIONER IS SUBSTITUTED AS PER ORDER DT.14.8.2008 IN C.M.P. NO.25252/2001.) BY ADV. SRI.A.P.CHANDRASEKHARAN SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.M.KRISHNAKUMAR(MOHANKUMAR ASSOCIATES SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL, KERALA STATE, TRIVANDRUM. ADDL. RESPONDENT: 3. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. (ADDL. 3RD RESPONDENT IS IMPLEADED AS PER ORDER DT.2.4.2001 IN CMP NO.16594/2001.) G.P. SMT.SMITHA SUKUMARAN FOR R1 SRI.M.V.RAMACHANDRAN THAMPI ACGSC FOR R3 SRI.K.C.SANTHOSH KUMAR, ADDL.CGSC FOR R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.9209/2001 IN O.P. NO.5549/2001 DISMISSED: 14.8.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF LIST OF MALIKHANA RECIPIENTS OF THE POLITICAL PENSION. P2: TRUE COPY OF AGREEMENT ON 30.7.1792 BY THE THEN RAJAS AND CHIEFTANS OF MALABAR AND THE ENGLISH EAST INDIA COMPANY. P3: TRUE COPY OF ORDER DT.16.6.99 ISSUED BY THE GOVERNMENT. P4: TRUE COPY OF REPRESENTATION DT.24.2.2000 SUBMITTED BY PETITIONERS TO THE CHIEF MINISTER AND THE GOVERNMENT OF KERALA. P5: TRUE COPY OF ORDER DT.18TH/20TH NOVEMBER, 1958 ISSUED BY THE GOVT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.5549 of 2001 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT The first petitioner is an association of Kshatriya families of the Malabar area. According to the petitioners, the Malikhana Allowance received by them is Rs.12/- per family per month as against Rs.300/- granted to the families in Travancore area vide Ext.P3. Prayer is for direction to the State Government to grant same amount to the royal families of Malabar area also. However, Government Pleader submitted that Ext.P3 order is later withdrawn by the State Government because Central Government objected against increase of Malikhana Allowance as the payment of Political Pension is a Central subject. If Central Government is the authority to increase Political Pension, petitioners have to approach the Central Government and if there is failure to get relief, petitioners are free to approach this court again. The O.P. is closed recording the submission of the Government Pleader, but with the above observation. C.N.RAMACHANDRAN NAIR Judge pms