KELAPPAN K. M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the denial of pension under the Kerala Freedom Fighters Pension Rum, the petitioner is before this Court. The order under challenge is Ext. P 15.

(2.) Rejection is based on the fact that he has not produced official records and also due to the fact that he was only having 16 years of age at the time of Quit India Movement and hence the application cannot be considered favourably.

(3.) The learned Counsel for the petitioner submits that the petitioner had filed an application for pension as per Ext.Pl dated 8-8-1989. Ext.P2 is a further representation submitted by him. In the light of the objections taken in Ext. P15 the petitioner's counsel submits that in Ext. P1(a) he had clearly stated that he took part in the National Freedom Struggle during the years from 1942 to 1943. Later in Ext. P2 he has stated various facts in detail in paras 2 and 3 to elaborate his claim as a prominent freedom fighter. He has clearly stated that he had participated in the Quit India Movement from 21-9-1942 to 31-3-1946. He has also stated that he was constrained to go underground since warrant of arrest against him and 12 others were issued on account of flag hoisting at the Police Maidan Kannur breaking the prohibition orders. Relying upon the certificates issued by Sri. Kuniyil Krishnan, in Ext. P2, he claims grant of pension. Ext. P2(4) is another representation submitted by him before the Hon'ble Chief Minister of Kerala and Ext.P3 is a letter submitted by Sri. Kuniyil Krishnan to the District Collector providing the details about his imprisonment. Exts.P4 and P5 are the certificates issued by two well known freedom fighters Sri. V.M. Damodaran and Sri. P.M. Kunhiraman Nambiar. In the said certificates they have stated that the petitioner had remained underground for 6 months from 21-9-1942 to 31-3-1946. Ext.P4(a) is the certificate of imprisonment issued by Shri. V.M. Damodaran. Ext.P9 is the certificate from the Sub Divisional Magistrate, Thalassery stating that the records prior to the year 1960 have already been destroyed and that it is not possible to verify whether a case was charged against Sri. K.M. Kelappan during the year 1942. Ext.P10 is the further representation submitted by the petitioner. He has relied upon the certificates issued by Sri. V.M. Damodaran and Sri. P.M. Kunhiraman Nambiar.