IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33144 of 2010(P)
1. CHANDRAN PILLAI,S/O.NARAYANA PILLAI,
... Petitioner
Vs
1. THE HOME SECRETARY,DEPARTMENT OF HOME
... Respondent
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P (C) No.33144 of 2010
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Dated this the 18th November, 2010
J U D G M E N T
Petitioner submits that he is one of the legal heirs of
one Jagadamma Thampi who expired on 3.12.2006 in a
road accident in Doha while she was working as a Staff
Nurse in Hamad Medical Corporation, Doha. It is stated
that she died intestate and and issueless and that her
husband predeceased her. According to the petitioner,
the deceased is entitled to get amounts towards
compensation for the death, service benefits, insurance
and other dues. According to the petitioner, as advised by
the Indian Embassy at Doha, the legal heirs ,are to execute
a power of attorney in favour of the Indian Embassy so as
to authorise them to receive the compensation and other
benefits due to the deceased.
2. It is stated that as per the instructions of the
Embassy Officials, a power of attorney was executed by the
legal heirs which was submitted to the respondent for
attestation. It is stated that the respondent has refused to
attest the power of attorney for the reason that all the legal
W.P (C) No.33144 of 2010
2
heirs are not parties to the power of attorney. It is in the
aforesaid circumstances, this writ petition is filed.
3. In my view, the fact that all the legal heirs are
not parties to the power of attorney can be no reason for
refusing attestation . This is for the reason that the power
of attorney can only bind those who are the executants and
will not bind those who are parties thereto. In so far as
the executants are concerned, the power of attorney is
vallid in all respects.
4. In that view of the matter, the writ petition is
disposed of directing that respondent shall not decline to
attest the power of attorney for the reason that all the
legal heirs of the deceased are not executants to the said
document.
Petitioner to produce a copy of this judgment along
with a copy of the writ petition before the respondent, for
compliance.
Sd/-
ANTONY DOMINIC
JUDGE
ma
/True copy/
P.A to Judge