Geetha P vs State Of Kerala
2021 Latest Caselaw 4648 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.2337 OF 2021(N)


PETITIONER:

               GEETHA P.
               AGED 61 YEARS
               W/O. LATE JAYATHILAKAN,
               ASWATHI (H),
               GOVERNMENT ARTS AND SCIENCE COLLEGE P.O, MEENCHANDA,
               KOZHIKODE 673 018

               BY ADVS.
               SRI.G.UNNIKRISHNAN
               SRI.K.SANEESH KUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               GENERAL ADMINISTRATION DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001

      2        DISTRICT COLLECTOR,
               KOZHIKODE COLLECTORATE ,
               CIVIL STATION, ERANHIPPALAM,
               KOZHIKODE 673 020


               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2337 OF 2021

                                        2




                               JUDGMENT

Dated this the 9th day of February 2021

The petitioner herein claiming that, she is

aggrieved by the inaction on the part of the

respondent, in not considering her application for

sanction of continuing family pension under the

Kerala Freedom Fighters Pension Rules, 1971 has

approached this Court. According to her, her father

Sri.Poovadan Madavan was granted pension under the

Kerala Freedom Fighters Pension Rules, 1971 by

Ext.P1 - G.O. No.11363/88/FFB dated 31.05.1989.

After his death, his wife continued to receive the

pension. She died on 20.01.2018. The petitioner's

own husband died on 19.8.1999. According to the

petitioner, though an application to continue

pension was submitted as Ext.P5, no further action

has been taken.

2. When the matter was taken up, the

learned Government Pleader on instruction submitted WP(C).No.2337 OF 2021

that, the application which was received was

processed. It was noticed that legal heirship

certificate, income certificate, non remarriage

certificate, dependency certificate and death

certificate of the father and mother of the

applicant were not produced along with the

application. Still, application was forwarded to the

District Collector, the 2nd respondent, for enquiry

on report. The same objection was raised by the

District Collector also.

3. The learned counsel for the petitioner

submitted that, since the aged petitioner was not

aware of these requirements, the above documents

were not produced.

Having considered this, I am inclined to

dispose of the Writ Petition by directing the

petitioner herein to produce the copies of the above

documents along with a fresh application, in

continuation of Ext.P5, as expeditiously as

possible. On receipt of such submission, the file

shall be reopened by the the 1st respondent , WP(C).No.2337 OF 2021

processed and final orders shall be passed after

completing the formalities including receiving

report from the 2nd respondent, as expeditiously as

possible, at any rate, within a period of three

months from the date of receipt of such fresh

application.

Sd/-

                                          SUNIL THOMAS
                                                  JUDGE
Jms                 //True Copy//    P.A to Judge
 WP(C).No.2337 OF 2021






                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF ORDER NO. M5 11363/88/FFB DT

31-05-1989 OF THE DISTRICT COLLECTOR, KOZHIKODE

EXHIBIT P2 TRUE COPY OF PENSION PAYMENT ORDER DT 20-

02-1991 OF THE OFFICE OF THE ACCOIUNTANT GENERAL, KERALA

EXHIBIT P3 TRUE COPY OF DECLARATION/AUTHORISATION DT 6-07-2002 OF POOVADAM MADHAVAN.

EXHIBIT P4 TRUE COPY OF G.O(P) NO. 92/2012/GAD DT 2-

05-2012

EXHIBIT P5 TRUE COPY OF REPRESENTATION 27-08-2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

//True Copy// P.A to Judge