Kerala High Court
Sumathi vs Union Of India on 24 February, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940
WP(C).No. 15365 of 2008
PETITIONER:
SUMATHI,
W/O.LATE T.V.PADMANABHAN,
DEVASWOM CHIRA, S.L.PURAM P.O.,
CHERTHALA TALUK.
BY ADV.SRI.K.K.SATHEESH
RESPONDENT(S):
1. UNION OF INDIA,
REPRESENTED BY THE UNDER SECRETARY,
MINISTRY OF HOME AFFAIRS,
FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN,
KHAN MARKET, NEW DELHI -110 003.
2. STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL SECRETARY,
GENERAL ADMINISTRATION, (FFP.A) DEPARTMENT,
THIRUVANANTHAPURAM.
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA
R2 BY GOVERNMENT PLEADER SMT.A.C.VIDHYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-04-2018,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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24/4/2018
WP(C).No. 15365 of 2008
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 COPY OF THE CHARGE SHEET IN CASE NO.P.E.10/1122 ME (CRIME
NO.49/122 ME OF ALAPPUZHA POLICE STATION) FILED BEFORE THE
MAGISTRATE COURT.
EXT.P2 COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, CHERTHALA
DATED 24/2/2007
EXT.P3 COPY OF THE ORDER NO.H4-4888/90 DATED 24/3/1990 ISSUED BY THE
DISTRICT COLLECTOR, ALAPPUZHA
EXT.P4 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE
RESPONDENTS DATED 2/5/1998.
EXT.P5 COPY OF THE LETTER NO.H2-1220/98/S.R DATED 25/7/2001 ISSUED BY
THE DISTRICT COLLECTOR, ALAPPUZHA
EXT.P6 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED
27/10/2003 TO THE DISTRICT COLLECTOR, ALAPPUZHA
EXT.P7 COPY OF THE NARC FROM THE CJM COURT, ALAPPUZHA
EXT.P8 COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JFCM-II, ALAPPUZHA
DATED 21/11/2002
EXT.P9 COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DATED 4/10/2003
EXT.P10 COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WP(C)
NO.36135/2003 DATED 6/12/2006
EXT.P11 COPY OF THE COMMUNICATION NO.52/CC/K/95/2003-FF/SZ DATED
7/1/2008 ISSUED BY THE 1ST RESPONDENT
EXT.P12 COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER DATED
13/2/2008
EXT.P13 COPY OF THE PKC ISSUED BY SRI.T.F.YOHANNAN DATED 10/2/2007
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
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24/4/2018
A. MUHAMED MUSTAQUE, J.
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W.P.(C).No.15365 of 2008
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Dated this the 11th day of April, 2018.
JUDGMENT
The petitioner is the widow of late T.V. Padmanabhan. According to the petitioner, late Padmanabhan had participated in the Punnappra-Vayalar Movement. To show that, the petitioner produced Ext.P1. Ext.P1 is the charge sheet in a criminal case, wherein the name of Kuravan Padmanabhan is mentioned. According to the petitioner, Kuravan Padmanabhan is her husband. He is also known as T.V. Padmanabhan as well. The petitioner relied upon a certificate issued by the Tahsildar showing that T.V. Padmanabhan and Kuravan Padmanabhan are one and the same. The petitioner's case was not recommended by the State Government. Consequentially, the Central Government also declined the claim. In the impugned order passed by the Central Government, the following reasons have been assigned for rejecting the claim.
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