Sarasamma Sasikala vs State Of Kerala
2022 Latest Caselaw 12233 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 40361 OF 2022
PETITIONER:

          SARASAMMA SASIKALA
          AGED 61 YEARS
          (ADHAR NO.748718352073)
          JYOTHI NILAYAM, PAZHAVEEDU, ALAPPUZHA - 688009
          AND ALSO HAVING ADDRESS AT TC NO.47/1670, PREM NAGAR,
          KARAMANA P.O., THYKADU VILLAGE, THIRUVANANTHAPURAM
          DISTRICT.

          BY ADVS.
          DENU JOSEPH
          ASWIN T SURESH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY REGISTRATION DEPT.
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     INSPECTOR GENERAL, REGISTRATION
          EX. MAYOR R. BALAKRISHNAN NAIR ROAD, NEAR DISTRICT
          COURT VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035.

    3     DISTRICT REGISTRAR, IDUKKI
          OFFICE OF DISTRICT REGISTRAR,
          THODUPUZHA,
          KERALA - 685584.

    4     SUB REGISTRAR, RAJAKUMARI
          X5H5+MW7, RAJAKUMARI,
          IDUKKI, KERALA - 685619.

          SMT. C. S. SHEEJA, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40361 OF 2022

                                    2

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.40361 of 2022
                   --------------------------------------------
            Dated this the 22nd day of December, 2022

                             JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The prayer in the writ petition is for a direction to

the respondents to register the sale deeds presented by the

petitioner on the strength of Ext.P3 general power of attorney.

3. The petitioner relies on the judgment of the Hon'ble

Supreme Court in Rajni Tandon V. Dulal Ranjan Ghosh

Dastidar [2009 KHC 4483] wherein, the Hon'ble Supreme

Court has considered the effect of Sections 32 and 33 of the

Registration Act, 1908 (for short, 'the Act') and held that the

"person executing" as used in S.32(a) of the Act signifies the

person actually executing the document and includes a

principal who executes by means of an agent. It is further held

that the person who executes a document by virtue of a power

of attorney is the actual executant of the document and is WP(C) NO. 40361 OF 2022

entitled under Section 32(a) to present it for registration and

get it registered.

4. The Government Pleader on instructions submits

that even otherwise this is a case where the petitioner is the

wife of the executor of the power of attorney and as such

there is no requirement for registration.

In the above circumstances, this writ petition is allowed.

There will be a direction to the respondents to register the

sale deeds presented by the petitioner on the strength of

Ext.P3 general power of attorney, as and when the same is

presented.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 40361 OF 2022

APPENDIX OF WP(C) 40361/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF SALE DEED NO. 1249/2021 OF RAJAKUMARI SRO DATED 09.08.2021.

Exhibit P2 THE TRUE COPY OF THE PROPERTY TAX RECEIPT 26.08.2021 ISSUED FROM CHINNAKANAL VILLAGE.

Exhibit P3 THE TRUE COPY OF THE NOTARIZED POWER OF ATTORNEY DATED 06.06.2022 EXECUTED IN FAVOUR OF PETITIONER.

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 09.11.2022 SUBMITTED BEFORE 4TH RESPONDENT.