K T GOVINDASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was inspired by the Tamil Area Merger Movement launched by the Tamil Leader Shri M.P. Sivagnanam and other leaders for the merger of Tamil areas in the northern belt of Tamil Nadu like Thiruthani, Pallipattu and accordingly, he participated in the agitations from 1953 to 1964. For participating in the agitations, he was imprisoned in Central Prison, Madras from 29.09.1956 to 05.10.1956.

(2.) THE Government of Tamil Nadu enacted the Tamil Nadu Payment of Pensions to Tamil Scholars and Miscellaneous Provisions Act, 1983 (shortly "the Act") providing pension to those, who have exhibited courage or nobility in their zeal to preserve the growth of Tamil language or Tamil culture or exhibited conspicuous talents in Tamil language and to provide for sanction of pension or grant to the families of persons, who have evinced remarkable enthusiasm for Tamil language or Tamil culture, and while striving to uphold their enthusiasm for Tamil language or for the preservation of Tamil culture, lost their lives. Sections 3 and 4 of the Act are extracted hereunder:

(3.) HOWEVER, the third respondent passed an order dated 30.01.2009 stating that he could not recommend for grant of pension under the Act as the petitioner failed to submit original documents relating to his imprisonment.