IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4249 of 2007(E)
1. V.C.PADMANABHAN NAMBIAR,
... Petitioner
Vs
1. SPECIAL TAHSILDAR,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,(CONSTRUCTION)
For Petitioner :SRI.V.C.JAMES
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :14/02/2007
O R D E R
K.P.BALACHANDRAN, J.
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W.P.(C)NO.4249 OF 2007
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Dated this the 14th day of February 2007
JUDGMENT
Petitioner is the first claimant in LAR 39/02 on the file of
Additional Sub Court, Thalassery. It is her case that she has
authorised and empowered her brother V.C.Padmanabhan under
the original of Ext.P1 power of attorney to conduct the case and
to do anything and everything in LAR 39/02 on her behalf and
that therefore on Ext.P2 cheque application filed by the power of
attorney holder on her behalf cheque should have been issued in
the name of the said V.C.Padmanabhan but the court below has
ordered cheque to be issued in the name of the
petitioner/claimant herself. It is the further case that she filed
Ext.P3 application I.A.1932/06 to review the said order but the
said I.A. was dismissed vide order dated 18.8.2006. The prayers
in this writ petition are the following:
i) issue a writ of certiorari or such other appropriate
writ order or direction calling for the records and
proceedings leading up to the dismissal of Exts.P2
and P3 and quash the orders passed on Exts.P2 and
P3.
W.P.(C)NO.4249 OF 2007
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ii)issue a writ of mandamus or such other
appropriate writ order or direction directing the
Additional Sub Court, Thalassery to issue cheque for
an amount of Rs.46,931/- in the name of the power of
attorney holder of the petitioner, pursuant to Exts.P2
P3 applications.
iii)grant such other reliefs as may deem fit and
proper in the circumstances of the case.
Cheques in land acquisition references are issued only in
the name of claimant and not in the name of persons who are
authorised to act on their behalf. If the power of attorney
authorises the power holder to transact also in the bank account
of the petitioner, he will be at liberty to encash it if so permitted
by the concerned bankers. The prayer to issue cheque in the
name of the power holder is not tenable. This writ petition in
the circumstances is devoid of merit and is dismissed.
K.P.BALACHANDRAN, JUDGE
jes