High Court Kerala High Court

Saraswathiamma vs The Secretary on 6 March, 2009

Kerala High Court
Saraswathiamma vs The Secretary on 6 March, 2009
       

  

  

 
 
  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.
              -----------------------
                W.P.(C).No.5494 OF 2009
             ------------------------
           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

WP(c).No.5494/09 2

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

WP(c).No.5494/09 3

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