IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5494 of 2009(F)
1. SARASWATHIAMMA, AGED 55 YEARS,
... Petitioner
Vs
1. THE SECRETARY, DEPARTMENT OF HOME
... Respondent
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/03/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.5494 OF 2009
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Dated this the 6th day of March, 2009.
JUDGMENT
The prayer in this writ petition is to direct the
respondents to attest Ext.P3 power of attorney.
2. According to the petitioner one of her brother
Paramu Pillai Raghavan Pillai, holder of Indian Passport No.F
8443297 expired on 18.12.2007 while at Dubai where he
was employed. It is stated that his wife gave Ext.P2 power
of attorney to Sri. Paramu Pillai Rajendran Pillai, another
brother of the deceased, authorizing him to collect the
compensation due from the employer. However, the
authorities at Dubai insisted that the power of the attorney
should be attested by the respondent and accordingly the
same was got attested.
3. On producing Ext.P2 power of attorney, according
to the petitioner, the UAE authorities asked for a power of
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attorney of the sister of the deceased as well, since under the
law prevailing in UAE, sisters are also eligible for a portion of
the compensation. Thereupon the petitioner submits that she
executed Ext.P3 power of attorney authorizing Sri. Paramu
Pillai Rajendran Paillai to receive the compensation but
however, when the same was submitted for attestation before
the respondent, the respondent insisted on producing a legal
heirship certificate, showing the petitioner as one of the legal
heirs. It is in these circumstances the writ petition has been
filed praying for a direction to the respondent to attest Ext.P3
power of attorney without insisting for a legal heirship
certificate .
4. Learned Government Pleader on instruction submits
that in terms of the guidelines, legal heirship is always insisted
and that therefore it was insisted for attesting the power of
attorney .
5. However, the counsel for the petitioner submits that
only attestation that is required is regarding the competence
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of the Notary Public, before whom Ext.P3 Power of Attorney
was executed and for that matter legal heirship certificate is
irrelevant.
6. If, as stated by the counsel for the petitioner, the only
attestation that is required is regarding the competence of the
Notary Public, before whom Ext.P3 was executed, there is no
reason for production of a legal heirship certificate proving
the relationship of the petitioner with the deceased.
In view of this, I direct that it will be open to the
petitioner to produce before the respondent the original of
Ext.P3, in which event the respondent shall attest Ext.P3, if
the document is otherwise eligible to be attested.
Petitioner shall produce a copy of the judgment before
the respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.5494/09 4