Swathy Krishnan, D/O. Late ... vs State Of Kerala
2025 Latest Caselaw 1321 Ker

Kerala High Court

Swathy Krishnan, D/O. Late ... vs State Of Kerala on 9 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:39431

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

  MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947

                    WP(C) NO. 39149 OF 2023

PETITIONER:

         SWATHY KRISHNAN,
         D/O. LATE RADHAKRISHNA PILLAI,
         AGED 28 YEARS,
         SWATHY, VADAKKUMBHAGAM,
         THEKKUMBHAGAM VILLAGE,
         CHAVARA SOUTH P.O,
         KOLLAM, PIN - 691584

         BY ADVS.
         SHRI.B.MOHANLAL
         SMT.P.S.PREETHA
         SHRI.ASWIN V. NAIR
         SMT.JAYAPRABHA ARJUN
         SHRI.AJAY S. KOSHY
         SMT.BLESSY MARY SEBASTIAN


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY
         TO GOVERNMENT, REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, CIVIL STATION P.O,
         KOLLAM, PIN - 691013

    3    THE SUB-COLLECTOR (RDO),
         CIVIL STATION P.O, KOLLAM, PIN - 691013
                                               2025:KER:39431
W.P.(C) No.39149/2023
                             :2:

    4      THE TAHSILDAR,
           KARUNAGAPALLY TALUK,
           MINI CIVIL STATION P.O,
           KARUNAGAPPALLY,
           KOLLAM, PIN - 690518

    5      THE VILLAGE OFFICER,
           THEKKUMBHAGOM VILLAGE,
           CHAVARA SOUTH P.O.,
           KOLLAM, PIN - 691584

    6      THE VILLAGE OFFICER,
           THEVALAKKARA VILLAGE,
           THEVALAKKARA KOLLAM,
           PIN - 690524

           BY SRI.DHEERAJ A.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2025, THE COURT ON 09.06.2025 DELIVERED THE
FOLLOWING:
                                                                     2025:KER:39431
W.P.(C) No.39149/2023
                                          :3:




                               N. NAGARESH, J.

           `````````````````````````````````````````````````````````````
                       W.P.(C) No.39149 of 2023

              `````````````````````````````````````````````````````````````
                     Dated this the 9th day of June, 2025


                                JUDGMENT

~~~~~~~~~

The petitioner, who is daughter of deceased

Radhakrishna Pillai, who was a government servant, has filed

this writ petition seeking to quash Exts.P7 to P12 to the extent

they decline Dependency Certificate to the petitioner.

2. The petitioner states that her father

Radhakrishna Pillai passed away on 17.05.2022 while working

under the Health and Family Welfare Department of

Government of Kerala. The petitioner was a dependent of the

deceased father. In order to obtain employment under the 2025:KER:39431

Scheme for employment assistance to the dependents of

government servants who die in harness, the petitioner

submitted Ext.P7 application dated 22.09.2022 to the 5th

respondent-Village Officer seeking Dependency Certificate.

The 5th respondent sent Ext.P8 report which was adverse to the

petitioner. By Ext.P9 letter dated 01.11.2022, the 4th

respondent observed that the petitioner is not a dependent of

the deceased. The 5th respondent thereupon issued Ext.P10

order dated 03.11.2022 holding that the petitioner is not a

dependent of the deceased and hence Dependency Certificate

cannot be issued to the petitioner.

3. The petitioner filed appeal against Ext.P10

order. The appeal was rejected by the 4th respondent as per

Ext.P11 order dated 17.01.2023. The petitioner preferred a

further appeal before the 2nd respondent which was forwarded

to the 3rd respondent-Sub Collector / RDO. The 3rd respondent

stated that the records produced by the petitioner did not 2025:KER:39431

establish that the petitioner is a dependent of her father. The

Sub Collector / RDO held that the petitioner is a dependent of

her husband. The petitioner is aggrieved by Exts.P7 to P12

orders.

4. The petitioner argued that Ext.P1 Ration Card,

Ext.P2 Aadhaar Card, Ext.P3 Voters list, Exts.P3(a) and P3(b)

Certificates issued by the Panchayat Member and Booth Level

Officer would establish that the petitioner is a dependent of her

late father. This Court, in Adarsh K.K. v. State of Kerala

[2022 (2) KHC 841] has held that the mere fact that the

petitioner was also dependent on the income of his father

cannot be a reason for not issuing Dependency Certificate as

for getting a Dependency Certificate, one need not be

completely dependent on the deceased.

5. The 4th respondent resisted the writ petition.

The 4th respondent stated that on enquiry, the Village Officer

found that the petitioner is not deserving Dependency 2025:KER:39431

Certificate. The direct enquiry conducted by the Tahsildar also

indicated the same. As per the Village Manual, a person can

be certified as dependent if he/she does not have enough

income or means to live. Ration Card, Election ID, Aadhaar

Card, etc. cannot be taken as a valid proof to show that a

married woman is dependent on her father.

6. The 4th respondent further submitted that the

GO dated 12.04.2010 extended compassionate appointment to

married son/daughter, if they are dependent of the deceased.

Local enquiry revealed that the petitioner is not a dependent of

the deceased. She became independent of her father, after

marriage. Therefore, the application for Dependency Certificate

was rejected.

7. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

the respondents.

2025:KER:39431

8. It is not disputed that the petitioner was

married away on 26.09.2018. The petitioner's husband is a

government servant. The petitioner would urge that she

returned to her parental home in the year 2019 and thereafter

she was depending on her father for survival. The petitioner's

father passed away on 17.05.2022.

9. Ext.P1 is the copy of Ration Card, which would

show that the petitioner's name was included therein along with

the name of the deceased father. Ext.P2 is the Aadhaar Card

of the petitioner which bears the address of her father's house.

10. Ext.P3 extract of Voters list would also indicate

that the petitioner has been residing in her paternal house. The

Ward Member concerned has issued Ext.P3(a) declaration

stating that she knows the family for long, that the petitioner

had an inter-caste marriage against the will of the family and

about 3½ years ago, the father brought the petitioner back to

the paternal home and the petitioner has been residing with her 2025:KER:39431

father.

11. Ext.P3(b) declaration signed by the Block

Level Officer (BLO) would also indicate that the said BLO

knows the family and the petitioner was residing with her father.

Ext.P7 report states that the petitioner was not entirely

dependent on her father. The petitioner had an inter-caste

marriage. The Ward Member concerned has stated that the

petitioner returned to her paternal home due to certain issues

and that too, when she was carrying. The Block Level Officer

also has stated that the petitioner has been residing along with

the father. Exts.P3(a) and P3(b) have been issued by

independent persons, who have close acquaintance with the

family. The documentary evidence indicates that the petitioner

was residing along with her father in the paternal home. This

Court, in the judgment in Adarsh K.K. (supra), in similar

circumstances, held as follows:

2025:KER:39431

"8. The fact that the petitioner is the brother of late Deepak K.K. is not disputed. The Village Officer has reported that the petitioner was depending his brother Deepak K.K. as well as his father. As long as the petitioner was depending his late brother, the respondents cannot deny dependency certificate.

The mere fact that the petitioner was also dependent on the income of his father, cannot be a reason for not issuing the dependency certificate. No Government Order or Rules are brought to the notice of this Court which requires that for issuance of dependency certificate, one should be completely dependent on the deceased."

12. In the afore facts of the case, Exts.P7 to P12

cannot stand the scrutiny of law. Exts.P7 to P12 are set aside.

Respondents 4 and 5 are directed to issue Dependency

Certificate to the petitioner if the petitioner satisfies other

parameters.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE aks/04.06.2025 2025:KER:39431

APPENDIX OF WP(C) 39149/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD NO.1210003888 ISSUED BY THE TALUK SUPPLY OFFICER, KARUNAGAPPALLY Exhibit P2 THE TRUE COPY OF THE AADHAR CARD NO.435542890947 ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE VOTERS LIST OF KOLLAM CONSTITUENCY DATED 05/01/2023 PUBLISHED BY THE ELECTORAL REGISTRATION OFFICER WHEREIN THE PETITIONER IS INCLUDED IN SERIAL NO: 379 Exhibit 3(a) THE TRUE COPY OF THE CERTIFICATE DATED 20/12/2022 ISSUED BY THE WARD MEMBER OF WARD NO:III OF THEKKUMBHAGOM GRAMA PANCHAYATH Exhibit P3(b) THE TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE BOOTH LEVER OFFICER SMT.SEETHALAKSHMI K. TO THE PETITIONER Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 02/06/2022 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHAVARA GRAMA PANCHAYATH Exhibit P5 THE TRUE COPY OF THE ORDER G.O. (P)NO.14/2010/PERSONAL AND ADMINISTRATIVE DEPARTMENT DATED 12/04/2010 Exhibit P6 THE TRUE COPY OF THE MARRIAGE CERTIFICATE NO.8241/2018 DATED 05.10.2018 ISSUED BY THE REGISTRAR OF MARRIAGE COMMON, MYNAGAPPALLY GRAMA PANCHAYATH Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED 22/09/2022 SUBMITTED BY THE PETITIONER 2025:KER:39431

BEFORE THE 5TH RESPONDENT AND THE FINDINGS OF THE RESPONDENTS 4 AND 5 IN THE APPLICATION Exhibit P8 THE TRUE COPY OF THE REPORT NO:

374/2022 DATED 26/09/2022 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT Exhibit P9 THE TRUE COPY OF THE COMMUNICATION NO.TLKKPY/420/2022-C3 DATED 01.11.2022 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT Exhibit P10 THE TRUE COPY OF THE ORDER NO: 374/2022 DATED 03/11/2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P11 THE TRUE COPY OF THE ORDER NO:C3/TLKKPY/876/2022/K.DIS. DATED 17/01/2023 ISSUED BY THE BY THE 4TH RESPONDENT Exhibit P12 THE TRUE COPY OF THE ORDER NO:RDOKLM/3009/2002-E DATED 08/08/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P13 THE TRUE COPY OF THE RELEVANT PORTION OF THE WEBSITE PORTAL OF THE DEPARTMENT OF LAND REVENUE, GOVERNMENT OF KERALA ISSUED FOR DEPENDENCY CERTIFICATE Exhibit P14 THE TRUE COPY OF THE APPLICATION DATED 23/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT Exhibit P15 THE TRUE COPY OF THE FIRST APPEAL DATED 29/11/2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P16 THE TRUE COPY OF THE REPLY DATED 29/11/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P17 THE TRUE COPY OF THE CIRCULAR DATED 22/08/2015 ISSUED BY THE JOINT COMMISSIONER, LAND REVENUE Exhibit P18 THE TRUE COPY OF THE ORDER G.O. (P)NO:7/2018/P&ARD DATED 28/04/2018 ISSUED BY THE GOVERNMENT 2025:KER:39431

Exhibit P19 THE TRUE COPY OF THE INCOME CERTIFICATE NO:77841560 DATED 16/05/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P20 THE TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04/09/2023 FOR GETTING COMPASSIONATE APPOINTMENT Exhibit P21 THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO:TLKKPY/108/2022-C6 DATED 17/08/2022 ISSUED BY THE 4TH RESPONDENT FILED ALONG WITH EXT.P20 Exhibit P22 THE TRUE COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER ALONG WITH EXT.P20 DATED 04/09/2022 Exhibit P23 THE TRUE COPY OF THE CONSENT DATED 04/09/2023 ISSUED BY THE PETITIONER'S MOTHER AND BROTHER TO THE PETITIONER Exhibit P24 THE TRUE COPY OF THE CERTIFICATE NO:C3-

6322/2019 DATED 06/07/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P25 THE TRUE COPY OF THE REPORT NO:92/21 DATED 23/04/2021 SENT BY THE 5TH RESPONDENT Exhibit P26 THE TRUE COPY OF THE REPORT NO:A3- 12158/22 DATED 07/11/2022 SENT BY THE 4TH RESPONDENT Exhibit P27 THE TRUE COPY OF THE CERTIFICATE NO:2586/19(4) DATED 03/10/2019 ISSUED BY THE VILLAGE OFFICER, SASTHAMCOTTAH TO SMT.ASWATHY DEV

RESPONDENTS' EXHIBITS:

EXIHIBIT R4(a) TRUE COPY OF GO(P) NO 12/99/P AND ARD DATED 24-05-1999 EXIHIBIT R4(b) TRUE COPY OF G.O(P) NO 14/2010/P AND ARD DATED 2025:KER:39431

PETITIONER'S EXHIBITS:

Exhibit P28 THE TRUE COPY OF THE G.O. (P)NO:3/2013/P&ARD DATED 05/02/2013 ISSUED BY THE GOVERNMENT Exhibit P29 /-. THE TRUE COPY OF THE SALARY SLIP OF MY HUSBAND SRI.ADARSH T. FOR THE MONTH OF MARCH 2023 Exhibit P30 THE TRUE COPY OF THE CERTIFICATE DATED 04/06/2022 ISSUED BY THE VILLAGE OFFICER, KULAKKADA Exhibit P31 THE TRUE COPY OF THE COMMUNICATION DATED 30/04/2022 FORWARDED BY THE TAHASILDAR, KUNNATHOOR TO THE 2ND RESPONDENT Exhibit P32 THE TRUE COPY OF THE CERTIFICATENO:2586/19(4) DATED 03/10/2019 ISSUED BY THE VILLAGE OFFICER, SASTHAMCOTTAH.