IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1830 of 2008(P)
1. OMANA, W/O. K.K.SREEDHARAN, AGED 70,
... Petitioner
Vs
1. THE UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.ABRAHAM THOMAS, CGC
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/10/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.1830 Of 2008
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DATED THIS THE 22nd DAY OF OCTOBER, 2010
J U D G M E N T
The petitioner herein is the widow of Shri K.K.Sreedharan, who
was an active participant of the Punnapra-Vayalar struggle. It is
averred that late Shri K.K.Sreedharan was an accused in
P.E.No.7/1122 M.E. and the Court issued non-bailable warrant against
him. In order to evade arrest, he went underground for more than six
months from October, 1946 to September, 1947 as a result of which
the court declared him as a proclaimed offender.
2. Exhibit P1 is the true copy of the application filed by the
petitioner’s late husband for granting pension under the Swantrata
Sainik Samman Pension Scheme. Exhibit P2 is the copy of the order
granting pension under the Scheme adopted by the State Government.
Exhibit P3 certificate issued by the C.J.M.Court, Alappuzha stating that
the records relating to P.E.No.7/122 ME are not available. Initially, the
petitioner produced Exhibit P4, a copy of the Personal Knowledge
Certificate(PKC) issued by one Shri Narayanan Ramankutty and
Exhibits P5 and P6 are the documents like extract of the convict
register and the order granting SSS pension to the certifier. But, the
State Government did not recommend the application. The petitioner,
W.P.(C)No.1830/08 -2-
therefore, filed W.P.(C)No.29464/2005, seeking for a direction to the
respondents to consider the matter and pass orders. Along with the
Writ Petition, the petitioner produced Exhibit P8, a true copy of the
certificate by Shri H.K.Chakrapani, dated 15.3.2007. Exhibits P9 and
P10 are the documents relating to the certifier and finally by Exhibit
P11, the application was rejected. It was mentioned in Exhibit P1 that
the State Government’s report is negative. This is under challenge in
this Writ Petition. Exhibit P13 is a report made by the Tahsildar
wherein it was mentioned that the deceased had participated in the
Punnapra-Vayalar struggle and had went underground for a period of
one year and had involved in case No.PE.7/1122 M.E.
3. This Court by an interim order dated 2.7.2010 directed the
2nd respondent to issue the Non-availability of Records Certificate and
forward the recommendation to the Government of India. Along with
I.A.No.14656/2010, the petitioner has produced Exhibit P15, a copy of
the NARC issued by the State Government itself along with the
recommendation.
4. In the light of the above, the learned counsel for the
petitioner prays that the Central Government may be directed to pass
fresh orders in the matter.
5. Exhibit P15 has been issued in the light of the interim order
W.P.(C)No.1830/08 -3-
dated 2.7.2010. In Exhibit P11 order, one of the reasons for rejection
is that a valid NARC is absent and therefore the PKC cannot be
considered and is not acceptable. Now that the said position has been
rectified by the State Government by forwarding Exhibit P15 and that
also by recommending the application, the issue will have to be
reconsidered by the Central Government in the light of the additional
materials now available. Therefore, Exhibit P7 is set aside.
6. There will be a direction to the Central Government to
consider the matter afresh in the light of the NARC Ext.P15 issued by
the State Government and the positive recommendation made by
them and after considering all the documents including the Personal
Knowledge Certificate produced by the petitioner from Shri
H.K.Chakrapani. Appropriate final orders will be passed within a
period of two months.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn