N A MAJID Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Mr.S.Venkatesh, the learned Additional Government Pleader (Writs) takes notice on behalf of the respondents. Writ Petition praying to issue a Writ of Mandamus directing the respondents to sanction and disburse the pension to the petitioners for the agitation conducted for Merger of Tamil Areas in Northern Belt of Tiruttani and Tirupathy.

(2.) In the affidavit filed in support of the writ petition, the petitioners would submit that the petitioners 1 to 8 and the husband of the petitioners 9 and 10 participated in the Agitation conducted for Merger of Tamil Areas in Northern Built of Tiruttani and Tirupathy, launched by Late Sri.M.P.Sivagnanam and other leaders and they were arrested at the time of agitation and were remanded to judicial custody in the month of January 1956 for 14 days and another time of October, 1956 for 18 days in Namakkal, Sub Jail; that the Tamilnadu Government passed G.O. for issuance of pension to the Agitation of Merger of Tamil Areas in Northern built of Tiruttani and Tirupathy; that the petitioners applied before the respondents for sanction of pension along with the newspaper publication published in the year 1956 in Dhinamani; that the second respondent and Tahsildar by letters respectively dated 13-02-2001 and 28-03-2002 rejected the request of the petitioners, on the ground that they have not produced the Jail certificate; that the petitioners immediately approached the jail authorities and requested them to issue jail certificates, but the jail authorities are not able to produce the jail certificates, since the Jail records of the year 1956 were not available with them and hence, the petitioners have come forward to file this Writ Petition praying for the relief extracted supra.

(3.) During arguments, though the learned counsel appearing on behalf of the petitioners would stick to the facts pleaded, he would also rely on an earlier order passed by the Single Judge of this court reported in W.P.Nos.20799 of 1993 etc (Natarajan v. The Government of Tamilnadu) wherein it is held as follows:-