Lakshmy Amma vs The Union Of India
2024 Latest Caselaw 4934 Ker

Kerala High Court

Lakshmy Amma vs The Union Of India on 9 February, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
           Friday, the 9th day of February 2024 / 20th Magha, 1945
                   IA.NO.1/2024 IN WP(C) NO. 43328 OF 2023
PETITIONER:

     LAKSHMY AMMA, AGED 92 YEARS, W/O.KOCHUKUTTY DAMODARAN, POTTACHAL,
     MUHAMMA P.O., ALAPUZHA , PIN-688525

RESPONDENTS:

  1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
     AFFAIRS, 2 ND FLOOR,NDC-II BUILDING, PARLIAMENT STREET,NEW DELHI ,
       PIN-110003
  2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
     GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
     THIRUVANANTHAPURAM, PIN-695001
  3. THE DISTRICT COLLECTOR, COLLECTORATE P.O., ALAPPUZHA, PIN - 688001

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
Judgment by incorporating a direction to the lst Respondent to dispose of
the Pension Application within a time schedule after receipt of the
application from the 2nd respondent along with appropriate recommendations
immediately after the last sentence in the judgment.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof,this court's order dated
12.01.2024 and upon hearing the arguments of M/S. J.OM PRAKASH, C.X.ANTONY
BENEDICT & EMMANUAL SANJU, Advocates for the petitioners, the court passed
the following:
                        N. NAGARESH, J.
                       ----------------------------
                          I.A No.1 of 2024
                                    in
                   W.P. (C) No.43328 of 2023
            --------------------------------------------------
            Dated this the 9th day of February, 2024

                             ORDER

The writ petition was disposed of directing the

2nd respondent-State of Kerala to reconsider the

application for freedom fighters pension submitted by the

petitioner's late husband and if other conditions are

satisfied, forward the same to the 1 st respondent along

with appropriate recommendations.

2. The I.A has been filed seeking for a timeline for

the 1st respondent to consider the application and take

decision on receipt of recommendation from the State

Government.

3. The 2nd respondent is yet to take a decision.

The Deputy Solicitor General of India submits that as and

when positive recommendation received from the 2 nd I.A No.1 of 2024 in WP(C) No.43328 of 2023

respondent in the writ petition, action will be taken by the 1 st

respondent and a decision will be taken expeditiously.

Recording the said submission, I.A is closed.

Sd/-

N. NAGARESH JUDGE AMR