IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 27003 of 2009(U) -------------------------- PETITIONER(S): --------------- MINIMOL MANOHARAN, AGED 26 YEARS, D/O.LATE N.MANOHARAN, MOYAN HOUSE, EDAKKEPURAM, CHERUKUNNU POST, KANNUR DISTRICT. BY ADV. SRI.K.P.SUDHEER SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE DISTRICT REGISTRAR (GENERAL) DISTRICT REGISTRAR'S OFFICE (GENERAL), GUNDERT ROAD, THALASSERY, KANNUR DISTRICT. 4. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, PAYYANNUR. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27003/2009 -------------------- Dated this the 8th day of October, 2009 JUDGMENT Petitioner's father, Manoharan, was a part time sweeper working in the office of the Sub Registrar, Payyannur. He died on 8.5.2007. Ext.P2 legal heir ship certificate shows that the petitioner, her mother and the mother of the deceased as legal heirs. Petitioner has filed Ext.P3 application on 4.8.2007 for appointment under the dying-in-harness scheme. It has not been considered so far. Hence the writ petition. 2. It seems that the only reason for not considering the petitioner's application on merits is that she is married. As has been repeatedly held by this Court in various judgments, most of which are referred to in Ext.P10, that the daughter or the son of the deceased, who files an application for appointment under the dying-in-harness scheme, is married, by itself is not a disability for the application to be considered on merits in accordance with the scheme. 3. I heard learned senior Government Pleader also in this regard. It seems that Ext.P3 application has been forwarded W.P.(C).27003/2009 2 to the Government. Ext.P6 is the report forwarded by the District Collector. 4. In the circumstances, 1st respondent shall take a decision on Ext.P3 application on merits and the fact that the petitioner is a married daughter of the deceased shall not be taken as a disability in considering the application and taking appropriate decision. Orders shall be passed on Ext.P3 within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs