Kerala High Court
Rajalakshmi N vs State Of Kerala on 19 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:61360
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 14762 OF 2025
PETITIONER:
RAJALAKSHMI N.,
AGED 32 YEARS,
D/O N. RAMAN (LATE) NAYATTIL HOUSE,
KUNNATHERI, KOOTTANAD,
CHALISSERY PO,
PALAKKAD, PIN - 679536
BY ADVS.
SHRI.ABRAHAM J. KANIYAMPADY
SHRI.SANGEETH MOHAN
SHRI.JOISE ABRAHAM
SHRI.PHILLIP VARGHESE THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT COLLECTORATE,
KENATHUPARAMBU, KUNATHURMEDU,
PIN - 678013
3 THE SUB-COLLECTOR,
RDO OFFICE, OTTAPALAM, PALAKKAD,
PIN - 679101
2025:KER:61360
W.P.(C) No.14762/2025
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4 THE TAHSILDAR,
PATTAMBI, GROUND FLOOR,
MINI CIVIL STATION, PATTAMBI,
PALAKKAD, PIN - 679303
BY ADV.
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.07.2025, THE COURT ON 19.08.2025 DELIVERED THE
FOLLOWING:
2025:KER:61360
W.P.(C) No.14762/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.14762 of 2025
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Dated this the 19th day of August, 2025
JUDGMENT
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The petitioner seeks to set aside Exts.P2 and
P3 orders which denied the request to issue Dependency
Certificate to the petitioner.
2. The petitioner states that she is the only child
of late Raman alias Rama Panicker. Late Raman was a Part
Time Sweeper in the Department of Agriculture and Farmers
Welfare, Government of Kerala. Raman died on 16.07.2022.
The petitioner, her mother and her two minor children were
fully dependent on the petitioner's father .
2025:KER:61360
3. The petitioner applied for Dependency
Certificate as provided under paragraph 234 of the Land
Revenue Manual Volume 6, for applying for employment on
compassionate grounds. The 4th respondent-Tahsildar
rejected the application as per Ext.P2 order dated 16.08.2023.
The appeal preferred by the petitioner before the 3rd
respondent-Sub Collector was rejected as per Ext.P3 order
dated 25.07.2024.
4. The petitioner states that the application was
rejected stating that the petitioner is not dependent on her
father as she was receiving ₹15,000/- per month from her
husband, who is working abroad. The petitioner states that
though married, she is not in a healthy relationship with her
husband. The husband used to send ₹15,000/- per month.
The petitioner's husband is only a salesman in a supermarket.
The said amount of ₹15,000/- was being sent by the husband
to repay various personal borrowings by him.
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5. The petitioner is not at all dependent on her
husband. She was wholly reliant on her father. The
respondents are therefore compellable to issue a Dependency
Certificate to the petitioner.
6. The 4th respondent-Tahsildar entered
appearance and resisted the writ petition. The 4th respondent
stated that the petitioner applied for a Dependency Certificate
for applying the compassionate employment scheme of her
late father Ramapanicker, who was working as Part Time
Sweeper in Agriculture Department. The application was firstly
enquired through the Village Officer, Nagalasseri and since the
report was not clear, it was handed over the Deputy Tahsildar
and Charge Officer of that village for enquiry and report. Based
on the report of the Charge Officer, the application was
rejected due to fact that the petitioner was not wholly
dependent on her father at the time of his death.
7. The applicant was married 12 years before
the death of his father. Her husband is working abroad for the
2025:KER:61360
last three years and sending money to the petitioner every
month. This was evident from the Bank Statement produced
during the enquiry conducted by the Charge Officer.
8. The argument of petitioner that she is not
having a healthy relationship with her husband and the money
send to her every month was used to repay various personal
borrowing taken by the husband cannot be considered. It is
true that she was staying with her parents. Since her husband
was working abroad and she was receiving money every
month, it shows that she was not fully dependent of her father.
Moreover, the applicant has not produced any evidence to
prove that the money which was sent by her husband was
used for the repayment of his personal borrowings.
9. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents.
10. The petitioner is aggrieved by Exts.P2 and P3
by which application for Dependency Certificate stands
2025:KER:61360
rejected. The rejection is only the ground that the petitioner
was not wholly dependent on her father.
11. It is not in dispute that the petitioner was
residing with her father. The petitioner's husband is abroad
working as a Salesman. Ext.P4 ration card would indicate that
the petitioner was residing with her father. Ext.P5 Aadhaar
Card would also show that the petitioner was residing with her
parents. The President of Chalissery Grama Panchayat has
issued Ext.P7 Certificate certifying that he has personal
knowledge that the petitioner has been depending on her
father for survival.
12. The petitioner would urge that her
relationship with the husband is strained. Though the husband
used to send ₹15,000/- per month, the said amount was
towards repayment of his personal liability. The petitioner
needs Dependency Certificate to get employment on
compassionate grounds. This Court, in the judgment in
Swathy Krishnan v. State of Kerala and others (W.P.(C)
2025:KER:61360
No.39149/2023) has held that mere fact that the petitioner
was also dependent on another source of income cannot be a
reason for denying Dependency Certificate for compassionate
employment assistance.
13. In the judgment in Adarsh v. State of Kerala
[2022 (2) KLT OnLine 1008], this Court has held that no
Government Order or Rules requires that for issuance of
Dependency Certificate, one should be completely dependent
on the deceased. The law laid down by this Court in the said
judgment is squarely applied in this case also.
The writ petition is therefore allowed. Exts.P2
and P3 are set aside. There will be a consequential direction
to the 4th respondent to issue Dependency Certificate to the
petitioner within a period of one month.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2025
2025:KER:61360
APPENDIX OF WP(C) 14762/2025
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF
THE PETITIONER'S FATHER DATED
27.08.2022
Exhibit P2 TRUE COPY OF THE ORDER NO. C1.
2575/2023 DATED 16.08.2023 OF HON'BLE
TAHSILDAR, PATTAMBI, REJECTING THE
APPLICATION OF THE PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER NO. I1.
2200/2023 DATED 25.07.2024 OF HON'BLE
SUB COLLECTOR, OTTAPALAM, REJECTING THE
APPEAL OF THE PETITIONER
Exhibit P4(a) TRUE COPY OF THE RATION CARD BEARING
NO. 1948154044 DATED NIL, CONTAINING
THE NAME OF THE PETITIONER
Exhibit P4(b) TRUE COPY OF THE RATION CARD BEARING
NO. 1976066305 RENEWED ON 15.03.2017
CONTAINING THE NAME OF THE PETITIONER
Exhibit P4(c) TRUE COPY OF THE RATION CARD BEARING
NO. 1976066305 ISSUED ON 05.12.2022
CONTAINING THE NAME OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER BEARING NO. 215181711483
Exhibit P6 TRUE COPY OF THE VOTER ID CARD OF THE
PETITIONER BEARING NO. UBT0280081
Exhibit P7 TRUE COPY OF THE CERTIFICATE DAED
06.06.2023 ISSUED BY THE PRESIDENT OF
CHALLISSERY GRAMA PANCHAYAT
Exhibit P8 TRUE COPY OF THE TREATMENT CERTIFICATE
OF THE PETITIONER'S MOTHER DATED
07.09.2023 ISSUED BY THE CARDIOLOGIST
AT UNITY HOSPITAL
Exhibit P9 TRUE COPY OF THE LETTER DATED
04.02.2025 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER.
