High Court Kerala High Court

Chandran Pillai vs The Home Secretary on 18 November, 2010

Kerala High Court
Chandran Pillai vs The Home Secretary on 18 November, 2010
       

  

  

 
 
  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.
                        -------------------------
                   W.P (C) No.33144 of 2010
                       --------------------------
             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