DISTRICT COLLECTOR Vs. L S RAMDOSS

JUDGEMENT

(1.) Challenge in this appeal is to the order made in W.P.(MD)No.14069 of 2011, dated 27.02.2014, by which, the Writ Court has directed the appellants to consider the case of the respondent, for Freedom Fighters' Pension and extend the benefit, within the time frame.

(2.) It is the case of the respondent/writ petitioner that during childhood, he joined the "Vaanara Sena", promoted by Mahatma Gandhiji and participated, in Quit India Movement. According to him, he was arrested on 09.11.1945 and convicted under Sections 147, 149, 332, 333 and 435 of the Indian Penal Code, in Crime No.X667 of 1945. At that time, he was aged 16 years. He was remanded to Observation Home, Madurai. He was released on bail on 10.11.1945 and according to him, he was kept under House arrest for one year. He made representations to the appellants, for grant of Freedom Fighter's Pension. Since no action was taken on the said representation, he filed W.P.No.14069 of 2011, for a Mandamus, directing the respondents to grant freedom fighter's pension to him.

(3.) Before the Writ Court, the District Collector, Madurai, 1st appellant herein, has filed a detailed counter affidavit, contending inter alia that the respondent/writ petitioner was arrested during freedom movement on 09.11.1945 and at that time, he was a minor and hence admitted in Juvenile School, for one day. On 10.11.1945, he was released on bail. He was not confined in Jail. No document has been filed to prove that he was in confinement. For grant of Freedom Fighters' Pension, following conditions have to be satisfied,