Kerala High Court
Hedrin Lawrance Pereira vs The State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 38884 OF 2022
PETITIONER:
HEDRIN LAWRANCE PEREIRA
AGED 67 YEARS
S/O.LAWRANCE ANTONY PEREIRA,
TC 27/105, BRIGHT VII,
VANCHIYOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 035.
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT REGISTRAR (GENERAL),
THIRUVANANTHAPURAM, OFFICER OF DISTRICT REGISTRAR,
FIRST FLOOR, TRANSPORT BHAVAN, FORT
S.STREET ROAD, THIRUVANANTHAPURAM - 695 023
3 THE DISTRICT REGISTRAR (GENERAL),
KOTTAYAM, OFFICE OF DISTRICT REGISTRAR,
COLLECTORATE, KOTTAYAM-686 002.
4 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR,
ERATTUPETTA-686 121.
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.38884 of 2022
2
T.R.RAVI, J.
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WP (C) No.38884 of 2022
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Dated this the 21st day of December, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondents.
2. The petitioner is the Power of Attorney holder of one
Dr.Ravintharan who is a permanent resident of Singapore. Ext.P1
Power of Attorney was executed for the purpose of selling the
share of the Principal in property referred to in Ext.P1. The
document was executed on 30.12.2020 and was adjudicated for
stamp duty by the 2nd respondent. The adjudicated amount of
Rs.2,99,344/- was remitted in the Treasury on 03.05.2021 as
evidenced by Ext.P3. The petitioner submits that during the
Covid-19 pandemic, it was difficult to find a buyer for the
property and the buyer came forward only recently and an
agreement for sale was executed and later the sale deed was also
drawn up. It is submitted that the sale deed was presented for
registration before the 4th respondent on 20.06.2022, but the 4 th
WP(C) No.38884 of 2022
respondent declined to register the sale deed for the reason that
Ext.P1 Power of Attorney is not a registered document. The
petitioner preferred Ext.P5 representation before the 3 rd
respondent contending that Ext.P1 is not compulsorily
registrable and is covered under Section 33(1) of the
Registration Act. It is submitted that the 4 th respondent took a
stand that even if the Power of Attorney is registered, the period
prescribed under Section 26(b) of the Registration Act is over
and registration is not possible. It is in the above circumstances,
the petitioner has preferred this writ petition praying for a
direction to call for the records leading to Ext.P6 and set aside
the same and to declare that Ext.P1 Power of Attorney does not
require registration. It is also prayed that there may be direction
to the 4th respondent to accept Ext.P1 Power of Attorney for
registration on presentation by the petitioner instead of by the
executant personally and to declare that the period under
Section 26(b) of the Registration Act stands excluded in view of
Ext.P8 judgment of the Hon'ble Supreme Court of India whereby
relaxation was granted with respect to the period of limitation. A
WP(C) No.38884 of 2022
counter affidavit has been filed on behalf of the respondents
reiterating the stand taken by the 4th respondent.
3. The 3rd respondent has contended that the petitioner is
not a family member as defined under Section 17 (1)(g) of the
Indian Registration Act and hence action rejecting the
registration was correct in law. It is also submitted that since the
Power of Attorney was prepared on 26.09.2018 and Section 17
had been amended with effect from 30.09.2013, the Power of
Attorney is compulsorily registrable.
4. In Mary v. Sub Registrar, Irinjalakuda and Others
[2021 (1) KHC 243], this Court held that a Power of Attorney
executed, notarized and attested at Consulate General abroad
can be presented for registration by power holder. In
WP(C)No.31437 of 2022, this Court had relied on the decision in
Cherryl Ann Joy Vs. The Sub Registrar, Sub Registrar's
Office, Udumbanchola [ILR 2018 (3) Kerala 540] wherein it
was held that Section 17(1)(g) of the Registration Act which is a
special provision, will prevail over Section 33(1)(c) of the Act and
necessarily a Power of Attorney permitting execution and
WP(C) No.38884 of 2022
registration of a document of transfer needs to be registered.
This court, held that the notarized Power of Attorney can be got
registered by presentation by the power holder himself. In view
of the above legal position, the only question to be considered is
whether the delay in presentation of the document for
registration should be condoned. The Hon'ble Supreme Court
had in Ext.P8 judgment extended the period of limitation with
respect to proceedings before the Court and all other quasi
proceedings for which the period of limitation is prescribed
under the general laws and special laws. The said period is
available till 28.02.2022 and limitation has to be worked out from
the said date. Applying the relaxation granted by the Hon'ble
Supreme Court, the document should have been presented for
registration on or before 28.05.2022. There is a delay in
presenting the document. However, considering the fact that the
document had reached in 2021 and the same was got adjudicated
for stamp duty in April 2021 and the stamp duty was paid on
03.05.2022 indicating the fact that the Power of Attorney was
intended to be used, I am of the opinion that this is an
WP(C) No.38884 of 2022
appropriate case that the delay of presentation of the document
should be condoned.
5. In the above circumstances. This writ petition is disposed
of directing the 2nd respondent to accept the original of Ext.P1
Power of Attorney for registration and register the same
condoning the delay in presenting the same, if the document is
otherwise in order. After registration of the Power of Attorney,
the petitioner may present the sale deed executed by the power
holder for registration and the same shall also be registered, if it
is in order. The writ petition is disposed of with the above
directions. The petitioner shall present the Power of Attorney
within ten days from today, failing which the benefit of extension
of period granted in this judgment will no longer be available.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) No.38884 of 2022
APPENDIX OF WP(C) 38884/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE POWER OF ATTORNEY ALONG WITH
THE NOTORIAL CERTIFICATE.
Exhibit P2 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT
DATED 21.04.2021.
Exhibit P3 A TRUE COPY OF THE CHALAN RECEIPT DATED
03.05.2021 EVIDENCING PAYMENT OF AMOUNT
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 14.10.2022 IN
W.P.(C)NO.21630/2022.
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
31.10.2022
Exhibit P6 A TRUE COPY OF THE LETTER RECEIVED FROM THE 3RD
RESPONDENT DATED 23.11.2022
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 08.11.2022
Exhibit P8 A TRUE COPY OF THE ORDER DATED 10.01.2022 IN
SUO MOTO WRIT PETITION NO.3/2020.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
