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1991 DIGILAW 255 (MAD)

V. Thangiah Panniar v. Govt. of T. N.

1991-03-21

SOMASUNDARAM

body1991
Judgment :- In this writ petition, the petitioner prays for the issue of a writ of certified mandamus to quash the order of the respondent dated 6-5-1986 in its proceedings No. 115319/83-7, Public (PP. IV) Department, and to direct the respondent to grant pension to the petitioner under the Tamil Nadu Freedom Fighters' Pension Rules, 1966. 2. The case of the petitioner in this writ petition is as follows :- The petitioner is a political sufferer who participated in the freedom struggle from the year 1931 up to the year 1942. In 1931, the petitioner took part in the Liquor Shop picketting and was remanded to custody by the Sub Magistrate, Tuticorin, for one week. In 1942, the petitioner participated in the "Quit India Movement". During this movement, the petitioner cut the telephone and telegraphic wires and burnt Post Offices. In connection with participating in the Quit India Movement in 1942, the petitioner was sentenced to imprisonment for two months by the Sub Magistrate, Tuticorin. The petitioner was kept in the Tuticorin Sub Jail for one month and then transferred to Kokkirakulam Sub Jail. From 3-10-1942 to 30-10-1942 he was kept in Kokkirakulam Sub Jail. Recognising that the petitioner was a political sufferer, the Government of Tamil Nadu assigned a land of about 2.75 acres in Senthamangalam village. As per the Freedom Fighters' Pension Scheme, the Government of India is granting pension to the political sufferers provided they have suffered imprisonment for a particular term. The Government of Tamil Nadu is also, under the Freedom Fighters' Pension Scheme, giving a pension of Rs. 200/- per month subject to the condition that the freedom fighter has suffered imprisonment for at least 21 days. 3. The petitioner is entitled to avail the pension benefit under the Freedom Fighters' Pension Rules, 1966, and on 9-4-1981, he applied to the Superintendent of the Sub Jail at Kokkirakulam, to grant a certificate of imprisonment. On 10-4-1981, the application was returned with an endorsement that the jail records had been destroyed on 15-11-1981, the petitioner applied to the State Government requesting for the grant of pension. Along with the application, the petitioner submitted two certificates, one from the President of the Tamil Nadu Freedom Fighters' Association and another from the working President of the Nallai District Freedom Fighters' Association, Tuticorin, testifying that the petitioner suffered imprisonment from 3-10-1942 to the end of October, 1942. Along with the application, the petitioner submitted two certificates, one from the President of the Tamil Nadu Freedom Fighters' Association and another from the working President of the Nallai District Freedom Fighters' Association, Tuticorin, testifying that the petitioner suffered imprisonment from 3-10-1942 to the end of October, 1942. The respondent directed the petitioner to produce certificate from two co-prisoners. Accordingly, the petitioner obtained a certificate from Thiru S. N. Samaiyajuly, ex. M.L.A., and another certificate from Thiry A. Subbiah, Working President of the Nellai District Freedom Fighters' Association, Tuticorin. In the Certificate issued by Thiru S. N. Someiyajuly, ex. M.L.A., he has specifically stated that the petitioner was with him in Kokkirakulam Sub Jail as a Co-prisoner from 3-10-1942 to October last. 1942 and that he knew personally that the petitioner was in Kokkirakulam Sub Jail for more than a month. 4. In the book captioned "who's who of Freedom Fighters (Tamil Nadu)" published by the Government of Tamil Nadu during August, 1973 (Volume III), the petitioner's name finds a place and it is specifically mentioned in that book that the petitioner was involved in the Freedom Fighters Movement in the years 1931 and 1942. It is also mentioned in that book about the imprisonment suffered by the petitioner, "Though the petitioner produced all the certificates required by the respondent, the respondent by the impugned order dated 6-5-1986 had refused to grant pension. Aggrieved by the said order of the respondent, the petitioner has filed the present writ petition. 5. Mr. M. Veluswami, learned counsel for the petitioner would submit that as provided under the Freedom Fighters' Pension Scheme, the petitioner has produced a certificate from Thiru S. N. Somsiyaj ex. M.L.A., stating that the petitioner was a co-prisoner with him in Kokkirokulam Sub Jail from 3l0-1942 to 30-10-1942, the petitioner's name also finds a place in the book published by the Government of Tamil Nadu Captioned as "Who's who of Freedom Fighters (Tamil Nadu) Volume III"; the impugned order does not contain any reason for rejecting the petitioner's claim and hence the impugned order is liable to be set aside. 6. There is merit in the contentions of the learned counsel for the petitioner. 6. There is merit in the contentions of the learned counsel for the petitioner. The Instruction issued by the Government of Tamil Nadu under the Freedom Fighters' Pension Scheme, 1972, prescribe that if a certificate from the jail authorities could not be produced, then the claimant can claim pension on the basis of a certificate issued by Member of Parliament or State Legislature or an ex. Member of Parliament or State Legislature, if such Member or ex. Member of Parliament or State Legislature had also been in Jail with the claimant during the relevant time. The petitioner has obtained such a certificate from S. N. Somaiyajulu Ex. M.L.A. The certificate from S.N. Somaiyajulu contains details about the period of imprisonment which the petitioner has undergone in Kokkirakulam Sub Jail. It is also stated in that certificate that the petitioner was with the said S. N. Somaiyajulu in Kokkirakulam Sub Jail during the period from 3-10-1942 to 30-10-1942. The certificate produced by the petitioner from S. N. Somaiyajulu will certainly establish the status of the petitioner as a freedom fighter and in that capacity he will be entitled to the grant of pension under Freedom Fighters' Pension Scheme. 7. Learned Counsel for the petitioner further relied on the publication made by the Government of Tamil Nadu in the year 1973 under the caption" * who's who of Freedom Fighters (Tamil Nadu) Volume II. At page 150 of that book, the following information is available with regard to the petitioner: "Thangaiah, V. - B. 1914, c. literate - jointed the movement in 1931 - Took part in Liquor shop picketing, 1931 and August Movement, 1942 - kept in Tuticorin Jail for one month - Address : 15, Ramasamipuram, 2nd Street, Tuticorin-3, Tiruneleveli District." Learned Counsel for the petitioner would submit that Thangiah referred to in the said book is the petitioner herein. It is also specifically stated in affidavit filed in support of the writ petition that the petitioner's name finds a place in the book "who's who of Freedom Fighters (Tamil Nadu) Volume III". In the said book, the petitioner's involvement in the freedom movement during the years 1931 and his imprisonment have been mentioned. The above averment in the affidavit is not denied in the counter-affidavit filed by the respondent. In the said book, the petitioner's involvement in the freedom movement during the years 1931 and his imprisonment have been mentioned. The above averment in the affidavit is not denied in the counter-affidavit filed by the respondent. Further, it is not the case of the respondent that Thangiah referred to in the book " who's who of Freedom Fighters (Tamil Nadu) is not the petitioner. 8. Further, a perusal of the impugned order shown that the respondent has not given any reason for refusing the petitioner's claim for the grant of pension under the scheme. This is a serious infirmity which vitiates the impugned order. 9. Having regard to the above facts, there will be an order in this writ petition directing the respondent to grant Freedom Fighter's Pension to the petitioner prospectively from the month of April, 1990. Accordingly, the writ petition is allowed. No costs. Petition allowed.