IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 23926 of 2009(I) ------------------------------------- PETITIONER(S): --------------------- LINTU, AGED 22 YEARS, D/O.CHIDAMBARAN, POOVATHOTTATHIL HOUSE, CHALIKKAVATTOM, ERNAKULAM. BY ADV. MR.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): ------------------------ THE TAHSILDAR, CHERTHALAI TALUK, CHERTHALAI, ALAPPUZHA. BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23926/2009-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CASTE CERTIFICATE ISSUED BY THE RESPONDENT DATED 08/07/2009. EXT.P2: COPY OF THE ORIGINAL PETITION FILED BEFORE THE FAMILY COURT BY THE PETITIONER SEEKING MAINTENANCE FROM THE FATHER. EXT.P3: COPY OF THE DURING 2004 THE RESPONDENT ISSUED INCOME CERTIFICATE ON THE BASIS OF THE SALARY OF THE FATHER OF THE PETITIONER DATED 05/09/2004. EXT.P4: COPY OF THE ORDER DATED 04/08/2009 REJECTING THE REQUEST OF THE PETITIONER TO ISSUE INCOME CERTIFICATE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.23926 of 2009 - I ---------------------------------------- Dated 20th October, 2009 Judgment The petitioner is a student who is undergoing training in Computer Application in the Kerala State Audio Visual and Reprographic Centre. The petitioner's mother is unemployed. Her father is is working as Havildar in the C.R.P.F. The petitioner and her parents belong to Hindu Pulaya community which is a scheduled caste in the State of Kerala. It is submitted that the petitioner's parents are living separately and that she is being looked after by her mother. It is also stated that the petitioner has filed a petition in the Family Court under section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 seeking payment of monthly maintenance at the rate of Rs.4,000/- and also Rs.4,00,000/- towards marriage expenses. The grievance voiced by the petitioner in this writ petition is that when she moved the Tahsildar for the issue of an income certificate in order to claim fee concession and other benefits, the Tahsildar declined to issue the same and W.P.(C) No.23926/2009 2 insisted on production of the income certificate of her father. The petitioner states that as her father has deserted her mother and is not looking after her or her mother, the income of her father cannot be taken note of for the purpose of issuing the income certificate. She states that in such circumstances, the Tahsildar may be directed to issue an income certificate without insisting on production of the income certificate of her father. 2. The learned Government Pleader appearing for the respondent submits on instructions that the mere fact that the petitioner has applied before the Family Court claiming maintenance from her father cannot be a reason to hold that the income of the father cannot be reckoned for issuing the income certificate. He also submits that the stand taken by the Tahsildar in Ext.P4 cannot therefore said to be illegal. I have considered the submissions made at the Bar on either side. It is evident from Ext.P2 petition filed by the petitioner in the Family Court that the petitioner's father and mother are living separately and that the petitioner's father is not maintaining them. The petitioner has in Ext.P2 petition W.P.(C) No.23926/2009 3 alleged that her father is residing separately since the year 2004. In such circumstances, it cannot be stated that the income of the petitioner's father is relevant for the purpose of deciding the income of the petitioner's family. I accordingly dispose of this writ petition with a direction that in the event of the petitioner and her mother jointly filing an application before the Tahsildar for the issue of an income certificate accompanied by separate affidavits sworn to by them to the effect that the petitioner's father is not maintaining them and is residing separately, the Tahsildar shall issue an income certificate after verifying the family income of the petitioner's family excluding the income of her father. Needful in the matter shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the respondent. P.N.RAVINDRAN Judge vaa