[Cites 1, Cited by 0]
Kerala High Court
I.K. Shaji vs Choikutty on 20 February, 2026
Author: N. Nagaresh
Bench: N.Nagaresh
2026:KER:14716
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 42949 OF 2024
PETITIONER:
I K SHAJI,
AGED 52 YEARS
S/O SAMIKUTTAN, KIZHAKKE CHALIL HOUSE,
MEDICAL COLLEGE,KOZHIKODE, PIN - 673008
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.SNEHA JOY
RESPONDENTS:
1 THE MAINTENANCE TRIBUNAL APPELLATE AUTHORITY & DISTRICT
COLLECTOR,
KOZHIKODE, COLLECTORATE,KOZHIKODE DISTRICT,
PIN - 673001
2 THE MAINTENANCE TRIBUNAL & REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
KOZHIKODE,KOZHIKODE DISTRICT, PIN - 673001
3 MR.CHOYKUTTY,
PUTHIKOODY HOUSE,VALAYANAD,
KOZHIKODE, PIN - 673007
4 MRS.DEVI,
PUTHIKOODY HOUSE,VALAYANAD,
KOZHIKODE, PIN - 673007
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
:2:
BY ADVS.
SRI.T.K.AJITH KUMAR
SMT.AISWARYA RAMESAN
SMT.REMYA VARMA N.K
SMT.V.A.HARITHA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.01.2026 ALONG WITH RP.1157/2025 AND THE COURT ON
20.02.2026 DELIVERED THE FOLLOWING:
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
RP NO. 1157 OF 2025
AGAINST THE JUDGMENT DATED 10.07.2025 IN WP(C)
NO.24233 OF 2025 OF HIGH COURT OF KERALA
REVIEW PETITIONER/2ND RESPONDENT:
I.K. SHAJI
AGED 53 YEARS
S/O SAMIKUTTY,
KIZHAKKE CHALIL HOUSE,
MEDICAL COLLEGE P.O.,
KOZHIKODE,
PIN - 673008
BY ADVS.
SRI.SHARAN SHAHIER
SMT.RHEA SHERRY
SMT.ANGELINA JOY
SMT.SHWETHA MARIA SOLOMON
SMT.UMAMAHESWARY P.M.
RESPONDENT/PETITIONER & 1ST RESPONDENT:
1 CHOIKUTTY
AGED 86 YEARS,
S/O KELUKUTTY,
PUTHUKUDY PARAMBA HOUSE,
GOVINDAPURAM P.O.,
KOZHIKODE, PIN - 673016
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
:4:
2 DISTRICT COLLECTOR
KOZHIKODE, COLLECTORATE,
CIVIL STATION P.O.,
KOZHIKODE, PIN - 673020
SRI.T.K.AJITH KUMAR,
SMT.V.A.HARITHA, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.01.2026 ALONG WITH WP(C).42949/2024 AND THE COURT ON
20.02.2026 DELIVERED THE FOLLOWING:
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
:5:
N. NAGARESH, J.
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W.P.(C) No.42949 of 2024
and R.P. No.1157 of 2025
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Dated this the 20th day of February, 2026
JUDGMENT
~~~~~~~~~
The petitioner in W.P.(C) No.42949/2024 and
the review petitioner in R.P. No.1157/2025 is a person who
entered Government service under Dying-in-harness Scheme
after the death of his wife, who was a Staff Nurse at the
Government Medical College, Kozhikode.
2. Respondents 3 and 4 are the father-in-law
and mother-in-law of the petitioner. Respondents 3 and 4 filed
a petition before the Maintenance Tribunal. The Maintenance
Tribunal directed the petitioner to pay an amount of ₹7,000/-
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
per month to respondents 3 and 4 towards maintenance, as per
Ext.P2 order dated 21.06.2023. In W.P.(C) No.42949/2024, the
petitioner challenged the said Ext.P2 order and also Ext.P4
order passed in the execution proceedings.
3. While W.P.(C) No.42949/2024 was pending,
the 3rd respondent in W.P.(C) No.42949/2024 filed
W.P.(C) No.24233/2025 seeking to direct the District Collector
to pass orders on his representation for receiving monthly
maintenance. The said writ petition was disposed of by this
Court as per judgment dated 10.07.2025, wherein the 1st
respondent-District Collector was directed to consider the
representation filed by the petitioner (the 3rd respondent in W.P.
(C) No.42949/2024) within two months.
4. The petitioner thereupon filed
R.P. No.1157/2025 alleging that this Court had delivered the
judgment dated 10.07.2025 in W.P.(C) No.24233/2025, since
the pendency of W.P.(C) No.42949/2024 filed by the petitioner
2026:KER:14716
W.P.(C) No.42949/2024 & RP No.1157/2025
challenging the orders of the Maintenance Tribunal was not
brought to the notice of this Court. To that extent, there is an
error in the judgment in W.P.(C) No.24233/2025, contended the
petitioner.
5. In the said circumstances, I deem it
appropriate to consider and decide W.P.(C) No.42949/2024
first. Respondents 3 and 4 approached the Maintenance
Tribunal contending that the petitioner who has obtained job
under the Dying-in-harness Scheme consequent to the death of
their daughter, is not maintaining respondents 3 and 4. The
Maintenance Tribunal hence passed Ext.P2 order directing the
petitioner to pay ₹7,000/- to respondents 3 and 4.
6. The contention of the petitioner is that he will
not fall under the definition of "children" under the Maintenance
and Welfare of Parents and Senior Citizens Act, 2007 and
therefore he is not liable to pay any amount to respondents 3
and 4. The petitioner would further argue that he was not given
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W.P.(C) No.42949/2024 & RP No.1157/2025
opportunity of being heard before passing Exts.P2 to P4 orders.
7. Respondents 3 and 4 resisted the writ petition
filing counter affidavit. Respondents 3 and 4 pointed out that
neglect by individuals who secure government jobs under the
Dying-in-harness Scheme to maintain the parents of the
deceased has been addressed by the Kerala Government. The
Government has issued G.O. dated 24.06.2024 to ensure the
welfare of other dependants of the deceased. The petitioner's
financial constrains do not negate his responsibility to maintain
respondents 3 and 4.
8. I have heard the learned counsel for the
petitioner in W.P.(C) No.42949/2024 and the learned counsel
appearing for respondents 3 and 4.
9. The fact that the petitioner was appointed
under a Scheme for appointment under the Dying-in-harness
Scheme consequent to the demise of his wife who was a Staff
Nurse at the Government Medical College, Kozhikode is not
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W.P.(C) No.42949/2024 & RP No.1157/2025
disputed. The relationship between the petitioner and
respondents 3 and 4 is also not under dispute.
10. Respondents 3 and 4 submitted an application
before the Maintenance Tribunal. The Maintenance Tribunal
summoned the parties. The petitioner agreed before the
Maintenance Tribunal that he is willing to pay ₹7,000/- towards
maintenance to respondents 3 and 4. It was on the basis of the
statement made by the petitioner that Ext.P2 order was passed.
The petitioner later failed to pay the amounts and consequently
Exts.P4 order was passed.
In the afore circumstances, I do not find any
merit in W.P.(C) No.42949/2024. The writ petition is hence
dismissed. Consequently, R.P. No.1157/2025 will also stand
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/18.02.2026
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W.P.(C) No.42949/2024 & RP No.1157/2025
APPENDIX OF WP(C) NO.42949 OF 2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY THE AGREEMENT ENTERED BETWEEN
BOTH THE PETITIONER, 3RD RESPONDENT AND
P.K.SREEJITH DATED 02.02.2011
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
21.06.2023 NUMBERED AS
RDOKKD/1150/2023-N2 MADE BY THE 2ND
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE ORDER DATED
06.09.2024 NUMBERED AS
DCKKD/9624/2024/G8 MADE BY THE 1ST
RESPONDENT
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
08.05.2024
RESPONDENTS' EXHIBITS
EXHIBIT-R3(A) TRUE COPY OF G.O.(MS) NO.11/2024/P AND
ARD DATED 24.06.2024.
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W.P.(C) No.42949/2024 & RP No.1157/2025
APPENDIX OF RP NO.1157 OF 2025
PETITIONER'S ANNEXURES
Annexure A A COPY OF THE INTERIM ORDER DATED
Annexure B A COPY OF THE INTERIM ORDER DATED
Annexure C THE TRUE COPY OF THE FORM J ISSUED BY
THE THE APPELLATE TRIBUNAL & DISTRICT
COLLECTOR NOTICE DATED 07.08.2025
