Writ petition filed for pension under Swatantrata Sainik Samman Pension Scheme. Petitioner's counsel argued petitioner had died, leading the court to dismiss the petition as abated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 1ST DAY OF AUGUST 2018 / 10TH SRAVANA, 1940
WP(C).No. 12130 of 2012
PETITIONER
P.K.FATHIMAKUTTY, AGED 75 YEARS, W/O.THE LATE A.MOHAMMED KUTTY, P.O.PATTARKADAVU, MALAPPURAM DISTRICT, KERALA - 676519.
BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION (FFP A) DEPARTMENT, THIRUVANANTHAPURAM DISTRICT. PIN- 695 001
2. THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, MALAPPURAM. PIN- 676 501
*ADDL.R3 IMPLEADED
*Addl.3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, FF DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 110 003.
*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 16/1/13 IN IA.NO. 681/13
R1 & R2 BY GOVERNMENT PLEADER SRI. JESTIN MATHEW ADDL.R3 BY ADV. SRI.N.NAGARESH,ASG OF INDIA SRI.S.KRISHNAMOORTHY, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12130 of 2012
APPENDIX
PETITIONERS EXHIBITS
| EXT.P1 | TRUE COPY OF THE DISCHARGE CERTIFICATE |
|---|---|
| EXT.P2 |
TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, DATED 14.12.1989 |
| EXT.P3 | TRUE COPY OF APPLICATION DATED 12.05.1987 |
| EXT.P4 | TRUE COPY OF COMMUNICATION DATED 04.01.1991 |
| EXT.P5 | TRUE COPY OF LETTER DATED 25.01.1991 |
| EXT.P6 | TRUE COPY OF LETTER DATED 12.04.1991 |
| EXT.P7 | TRUE COPY OF LETTER DATED 20.03.1997 |
| EXT.P8 | TRUE COPY OF COMMUNICATION DATED OCTOBER 2009 |
| EXT.P9 | TRUE COP-Y OF LIST OF FEW SAILORS WHO WERE GRANTED SSS PENSION |
| EXT.P10 | TRUE COPY OF LETTER DATED 06.01.1988 ALONG WITH RELEVANT PAGES OF THE EXTRACT CONTAINING NAMES OF FREEDOM FIGHTERS APPROVED BY THE MINISTRY OF DEFENCE |
| EXT.P11 | TRUE COPY OF JUDGMENT DATED 07.12.2011 IN WPC. 1551/2010 |
| EXT.P12 | TRUE COPY OF LETTER DATED 17.01.2012 ISSUED FROM THE OFFICE OF THE RESPONDENT |
| EXT.P13 | TRUE COPY OF LETTER DATED 02.02.2012, SENT IN REPLY TO EXHIBIT-P12 |
| EXT.P13(A) | TRUE COPY OF LETTER DATED 06.11.1989 ISSUED FROM THE OFFICE OF 2ND RESPONDENT |
| EXT.P13(B) | TRUE COPY OF REPLY DATED 15.11.1989 SENT IN REPLY TO EXHIBIT- P13(A) ALONG WITH THE ORIGINAL OF EXHIBIT-P1 |
| EXT.P14 | TRUE COPY OF COMMUNICATION DATED 03.04.2012 |
RESPONDENTS EXHIBITS NIL
/TRUE COPY/ PA TO JUDGE
sdr/4.8.18
ALEXANDER THOMAS, J.
========================
W.P(C)No. 12130 of 2012
=========================
Dated this the 1st day of August, 2018
JUDGMENT
The prayers in this Writ Petition (Civil) filed on 25.05.2012
are as follows:
appearing for the petitioner, on the basis of instructions, that the petitioner, who is the widow of the deceased freedom fighter, is no
W.P(C)No. 12130 of 2012
2
more and that the petition may be closed as abated. In the light of the above submission made on behalf of the petitioner, it is ordered that the above Writ Petition (Civil) will stand dismissed as abated.
Sd/- ALEXANDER THOMAS, JUDGE
vgd/02.08.18
P.K.Fathimakutty
The State of Kerala
The Union of India
Alexander Thomas
As recorded by the court registry
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