LAWS(KER)-2024-1-123

ARIFA T.K Vs. DISTRICT COLLECTOR, KANNUR

Decided On January 11, 2024
Arifa T.K Appellant
V/S
DISTRICT COLLECTOR, KANNUR Respondents

JUDGEMENT

(1.) The petitioner impugns Exts.P3 and P4 proceedings issued by the Tahsildar and Revenue Divisional Officer (RDO) respectively, whereby, her application for a Dependency Certificate, qua her now deceased father, has been rejected, saying that she had never been dependent on him, subsequent to her marriage.

(2.) Sri.K.S.Arun Kumar - learned counsel for the petitioner, argued that the sole reason stated in Exts.P3 and P4 is that his client is a married woman, but that this does not take her away from the ambit of the Government Order dtd. 24/5/1999. He pointed out that, as per Clause 14A of the said order, employment assistance will have to be given, inter alia, to a daughter; and that there is no distinction provided therein whether such person is married or otherwise. He then asserted that his client was de facto dependent on her father, since her husband had lost his employment; and hence, that she is imminently eligible to be granted relief, for which, she has already preferred Ext.P5 representation before the 1st respondent - District Collector. He thus alternatively pleaded that the said Authority be directed to take up Ext.P5 representation and dispose it of, de hors Exts.P3 and P4, within a time frame to be fixed by this Court.

(3.) The afore arguments of the learned counsel for the petitioner were vehemently controverted by Smt.Vidya Kuriakose - learned Government Pleader, explaining that the intent and purport of the Government Order is to provide succour and assistance to eligible persons. She submitted that the petitioner does not fall, in any manner, within the contours requiring such assistance, because she admits unequivocally that she is married and was not dependent upon her father. She added that, though the petitioner does not disclose in the pleadings, the Authorities have reliable information that her husband is still working in India, after having engaged in an employment abroad for some period of time. She thus prayed that this Writ Petition be dismissed.