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Power of attorney from embassy can be registered- Full procedures James Joseph Adhikarathil
1. IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943
WP(C) NO. 6026 OF 2022
PETITIONER:
TERESA PAUL PALANKANE @SR.ANSELME PALANKANE@THANKAM
AGED 75 YEARS FORMERLY RESIDENT OF PAYYAPPILLY
PALANKANE HOUSE ELENTHIKARA PO NOW RESIDING AT
COUVENT SAINT CHARLES 37 RUE DU CHACHOIR 7620 WEZ
VELVAIN BRUNAHAU T BELGIUM REPRESENTED BY POWER OF
ATTORNEY HOLDER LIZY PAUL WIFE OF JOHNNY AGED 61
THOZHUTHUMPARAMBIL HOUSE CHIYYARAM P O CHIYYARAM
DESOM AND VILLAGE THRISSUR DISTRICT, PIN – 680026.
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
U.M.HASSAN
P.PARVATHY
ABHIRAMI DINESH
K.N.MUHAMMED THANVEER
N.KRISHNA OZHAKKANAT
ROSE MATHEW
AATHIRA SUNNY
NAZRIN HALLAJ
LAKSHMINARAYAN.R
P.K.ANTONY
SUMI S.THOMAS
RESPONDENTS:
1 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, CHENNAMANGALAM PO,
PIN – 683103.
2 THE INSPECTOR GENERAL OF REGISTRATION
VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035
3 THE SECRETARY TAXES (E) DEPARTMENT
DEPARTMENT OF TAX, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2. WP(C) NO. 6026 OF 2022 2
JUDGMENT
The petitioner says that she is represented in
these proceedings by her Power of Attorney holder, who
has been authorized to do so through Ext.P1. She prays
that the 1st
respondent – Sub Registrar be directed to
register Ext.P1, as and when it is presented before
him by the Power of Attorney holder, namely Smt.Lizy
Paul, without insisting on her personal appearance,
since she is now presently abroad.
2. The afore request of the petitioner, as made
by her learned counsel - Smt.Abhirami Dinesh, were
answered by the learned Senior Government Pleader -
Smt.Mable C.Kurian, saying that the Sub Registrar has
not insisted on personal appearance of the petitioner
before him, but only that the Power of Attorney holder
must swear to an affidavit averring that Ext.P1 is
still in force and the petitioner is still alive. She
submitted that as soon as such an affidavit is sworn
to by the Power of Attorney holder and presented
before the Sub Registrar, Ext.P1 can be registered by
3. WP(C) NO. 6026 OF 2022 3
the said Authority.
3. Smt.Abhirami Dinesh, learned counsel for the
petitioner, submitted that if the Sub Registrar only
requires an affidavit as afore, her client has no
objection in presenting it before him. She prayed that
the Sub Registrar be directed to register Ext.P1 as
soon as the afore affidavit is presented before him.
Taking note of the above submissions, I order
this writ petition and direct the Power of Attorney
holder of the petitioner to present the afore
mentioned affidavit, along with Ext.P1, before the Sub
Registrar; with a consequential direction to the said
Authority to register the said Power of Attorney,
after following other imperative statutory
requirements, as expeditiously as is possible, but not
later than one week from the date on which it is
presented.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/3.3
4. WP(C) NO. 6026 OF 2022 4
APPENDIX OF WP(C) 6026/2022
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF THE POWER OF ATTORNEY DATED
10.02.2022 EXECUTED BETWEEN TERESA PAUL
@SR.ANSELME PALANKANE @ THANKAM AND LIZY
PAUL
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
14.02.2022 FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Digitally signed by M V LALITHA
Date: 2022.03.07 11:40:06 +05:30
% DSUnknown
q
1 G
1 g
0.1 0 0 0.1 9 0 cm
0 J 0 j 4 M []0 d
1 i
0 g
313 292 m
313 404 325 453 432 529 c
478 561 504 597 504 645 c
504 736 440 760 391 760 c
286 760 271 681 265 626 c
265 625 l
100 625 l
100 828 253 898 381 898 c
451 898 679 878 679 650 c
679 555 628 499 538 435 c
488 399 467 376 467 292 c
313 292 l
h
308 214 170 -164 re
f
0.44 G
1.2 w
1 1 0.4 rg
287 318 m
287 430 299 479 406 555 c
451 587 478 623 478 671 c
478 762 414 786 365 786 c
260 786 245 707 239 652 c
239 651 l
74 651 l
74 854 227 924 355 924 c
425 924 653 904 653 676 c
653 581 602 525 512 461 c
462 425 441 402 441 318 c
287 318 l
h
282 240 170 -164 re
B
Q