GOVERNMENT OF TAMIL NADU Vs. M NALLATHAMBI

JUDGEMENT

(1.) THE writ appeal is directed against the order of the learned Judge dated 20.2.2008 passed in W.P.No,34675 of 2003, by which the learned Judge has allowed the writ petition filed by the respondent herein and directed the appellants to grant State Freedom Fighters Pension to the respondent from 20.2.1977.

(2.) THE writ petitioner is stated to have participated in the Freedom Movement and was arrested and imprisoned during Quit India Movement from 15.8.1942 to 23.2.1943 launched by the then Trivancore-Cochin Congress. It is stated that he also participated in various agitations during Freedom Movement, for which he was arrested and imprisoned at Neyyatingara Police Lock-up from 25.12.1938 to 15.7.1939. One Krishna Sastri, who was one of the freedom fighters and recipients of State and Central Freedom Fighters pension, has issued a certificate dated 15.5.1974, stating that the petitioner was imprisoned along with him from 12.5.1938 to 15.7.1939 at Neyyatingara police lock up and participated in freedom movement. It is also stated that the Trivandrum District Congress Committee, which was a part of Trivancore Congress prior to State re-organisation also issued a certificate dated 11.8.1972, stating that the petitioner underwent imprisonment for having taken part in the banned area of Vattiarkavu Conference for seven months in the year 1938. It is stated that former M.L.A. A.Kunjan Nadar issued a certificate stating that the petitioner was imprisoned along with him for having participated in the Quit India Movement.

(3.) THE learned Judge, relying upon the judgment rendered in K.P. Nataraj vs. THE State of Tamil Nadu rep. By Deputy Secretary to the Government, Public (Political Pension) Department and another (2003 Writ Law Reporter 835), held that the issuing of certificate by a co-prisoner is sufficient especially in the circumstances that the Government is not able to trace out the records regarding the person's imprisonment materials.