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A.V.Krishnan Nair vs The District Collector on 2 August, 2007

Kerala High Court
A.V.Krishnan Nair vs The District Collector on 2 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21770 of 2005(N)


1. A.V.KRISHNAN NAIR, AGED 82 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, KANNUR.
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

3. UNION OF INDIA, REPRESENTED BY UNDER

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  :SRI.JOHN VARGHESE, ASSISTANT SG

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/08/2007

 O R D E R
                   T.R. RAMACHANDRAN NAIR, J
        ===============================
                   W.P.(C) NO. 21770 OF 2005
       ================================
            Dated this the 2nd day of August, 2007.

                           JUDGMENT

The main prayer in the writ petition is for a direction to the

3rd respondent to consider and pass orders on Ext.P4 application

submitted by the petitioner for grant of pension under the

Swathantra Sainik Samman Pension Scheme, 1980. The claim of

the petitioner is that he had participated in Morazha Struggle

which took place in the erst while Malabar district. His plea is

that he had remained underground for more than 8 months for a

period from 15.09.1940 to 15.05.1941. The petitioner was a

proclaimed offender and warrant of arrest was issued against

him. In connection with his participation in the above struggle,

he has relied on Exts.P2 and P3 certificates issued by two

prominent freedom fighters in this regard.

2. Ext.P4 is the application dated 28.6.1999 submitted by

the petitioner for grant of pension. Ext. P5 would show that he

was a recipient of pension under the Kerala Freedom Fighters

W.P.(C). No. 21770/2005 : 2 :

Pension Scheme. By Ext.P6, the petitioner was informed that his

application for sanction of pension has not been recommended by

the State for the reason shown therein. They related to the

details regarding the case in which the petitioner was an accused

or the details of the Police Station where FIR was lodged and also

non-production of official records or the non availability of

records certificates. It is also stated that the affidavit to be

accompanied with the application is also not enclosed.

3. The 3rd respondent has filed a counter affidavit wherein

it is stated that the State Government has been requested to

make available a copy of the application submitted by the

petitioner along with the papers and documents pertaining to the

claim as per the Ministry’s letter dated 13.01.2006 since the files

are not easily traceable. It is assured that on receipt of the

original application, the documentary evidence and verification

cum entitlement to pension report of the State Government, the

case will be examined on merits as per the provisions of the SSS

pension Scheme.

W.P.(C). No. 21770/2005 : 3 :

4. In the counter affidavit filed by the 2nd respondent it is

admitted that the petitioner is a recipient of Kerala Freedom

Fighters pension. It is averred that in the event of the petitioner

claiming for underground suffering for the period from

15.09.1940 to 15.09.1941, he has to produce documents as

above to substantiate his claim. It is also stated that personal

knowledge certificates can be accepted only if it is supported by

non availability of reports certificates from the authorities. It is

further pointed out that Ext.P6 is the communication pointing out

the defects of the application and he could have rectified the

same. It is also assured that if the defects are rectified, the case

can be recommended for Swathantra Sainik Samman Pension.

5. Therefore, it is up to the petitioner to reply to Ext.P6 and

produce relevant documents so that the authorities of the State

will be able to recommend his case for grant of pension. The

petitioner will have to produce either the records relating to

warrant of arrest etc. or the non-availability of records certificate

to the State Government for enabling the State Government to

W.P.(C). No. 21770/2005 : 4 :

send their recommendation. The petitioner is free to file a fresh

representation for producing the relevant materials as required in

Ex.P6. On receipt of the relevant records from the petitioner, the

respondents 1 and 2 will consider the same and forward the

required report to the Union of India for action at their end and

the same shall be done within a period of two months from the

date of receipt of the representation of the petitioner. On receipt

of the report from the State Government, the 3rd respondent will

take appropriate action within a further period of three months

thereof.

The writ petition is disposed of accordingly.

T.R. RAMACHANDRAN NAIR, JUDGE.

rv

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