Kerala High Court
Vijaya Bhanu Vamadevan vs Narayanikutty on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
RP.No.926 OF 2020 IN WP(C). 1740/2020
AGAINST THE JUDGMENT IN WP(C) 1740/2020(N) OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
VIJAYA BHANU VAMADEVAN
AGED 68, SON OF VAMADEVAN M.P., PRESENTLY EMPLOYED
IN PHILIPPINES AND HAVING PERMANENT RESIDENCE IN
KERALA AT 'MUNDACKAL HOUSE' SIVADASAMANGALAM,
MUNDAKKAL
KOLLAM -691010.
BY ADVS.
SRI.B.SAJEEV KUMAR
SRI.THOMAS JOHN AMBOOKEN
SMT.BLOSSOM MATHEW
RESPONDENT/S:
1 NARAYANIKUTTY
AGED 64 YEARS, W/O. VIJAYABHANU, SIVADASAMANGALAM,
MUNDACKAL EAST, KOLLAM(AS SHOWN IN THE WRIT
PETITION)
2 THE SUB REGISTRAR
SUB REGISTRARS OFFICE, PUTHENCRUZ, ERNAKULAM
-682308.
R1 BY ADV. SHRI.P.SREEKUMAR
R1 BY ADV. SRI.K.ARJUN VENUGOPAL
R1 BY ADV. SHRI.ASWIN KUMAR M J
R1 BY ADV. SMT.HELEN P.A.
R1 BY ADV. SRI.SHAHIR SHOWKATH ALI
S GOPINATHAN SR GP
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON 08.01.2021 PASSED THE FOLLOWING:
O R D E R
-----------------------------------------------------------------
R.P.No.926 of 2020
in
W.P.(C) No.1740 of 2020
-----------------------------------
Dated this the 8th January, 2021
This review petition is filed with leave. The
writ petition was filed by one Narayanikutty. She
approached this Court stating that her husband Vijaya
Bhanu is in jail in Philippines and she could not
transfer the property belonging to her and Vijaya
Bhanu for want of thumb impression of her husband,
eventhough she possess valid power of attorney
executed by her husband, Vijaya Bhanu. The parties are
hereafter referred to by their names.
2. This Court, taking note of the facts and
circumstances of the case, disposed of the writ
petition directing the Sub Registrar, to register the
document on the strength of the power of attorney,
without insisting affixture of thumb impression of
R.P.No.926 of 2020 in
W.P.(C) No.1740 of 2020
Vijaya Bhanu. Thereafter, the Sub Registrar filed a
review petition stating that under Section 32A of the
Registration Act, 1908 and its proviso, passport size
photographs and finger prints of each buyer and seller
are mandatory and those cannot be dispensed with. This
Court, though upheld such ground urged in the review
petition, taking note of the fact that Narayanikutty's
husband is in jail in Philippines, directed the Sub
Registrar to comply with the judgment. Thereafter, on
the strength of the direction in the judgment,
Narayanikutty conveyed the property to various buyers.
3. Leave in this review petition is filed by
Vijaya Bhanu Vamadevan through his power of attorney
holder, stating that he was not in jail and he had not
executed any power of attorney in favour of
Narayanikutty. It is also stated by him that marital
relationship between him and Narayanikutty was not
R.P.No.926 of 2020 in
W.P.(C) No.1740 of 2020
smooth and cases are pending. Taking note of the plea
as above, leave was granted.
4. One of the grounds urged in the review
petition is that there was no valid power of attorney
executed by Vijaya Bhanu in favour of Narayanikutty.
If there was no valid power of attorney and the Sub
Registrar merely acted on the direction of this Court,
believing it to be a valid power of attorney for
registration of the document, it certainly demands
revisit of the entire issue.
5. Having considered the facts and circumstances,
I am of the view that the review petition has to be
allowed, to consider the question whether the power of
attorney produced before this Court is genuine or not.
The Court also has to consider whether any fraud has
been played on the Court, to dispense with the
formalities under Section 32A.
R.P.No.926 of 2020 in
W.P.(C) No.1740 of 2020
6. Considering the above, it is appropriate to
review the judgment. Accordingly, the review petition
is allowed. The writ petition is restored.
Narayanikutty is directed to implead all the persons,
who have purchased the property, based on the
registration of the document on the strength of the
power of attorney.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ms
