Abdul Saleem K.M vs The District Registrar
2024 Latest Caselaw 15398 Ker

Kerala High Court

Abdul Saleem K.M vs The District Registrar on 5 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    WEDNESDAY, THE 5TH DAY OF JUNE 2024/15TH JYAISHTA, 1946
                       WP(C) NO.10561 OF 2024
PETITIONER:

          ABDUL SALEEM K.M., AGED 42 YEARS, S/O.MOIDEENKUTTY,
          KALLUMURIKKAL HOUSE, KUMBIDI P.O., ANAKKARA,
          PALAKKAD DISTRICT, PIN - 679553.

          BY ADV. K.RAKESH


RESPONDENTS:

    1     THE DISTRICT REGISTRAR,
          OFFICE OF THE DISTRICT REGISTRAR, KUNNATHURMEDU,
          PALAKKAD DISTRICT, PIN - 678013.

    2     THE SUB REGISTRAR, OFFICE OF THE SUB-REGISTRAR,
          THRITHALA, PALAKKAD DISTRICT, PIN - 679534.

          BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.10561 of 2024
                                    - 2 -

                               JUDGMENT

Dated, this the 5th June, 2024

The order under challenge in this Writ Petition is

Ext.P3, as per which, the 2nd respondent/Sub

Registrar refused to accept and act upon Ext.P2

Power of Attorney, for the purpose of executing

Ext.P1 assignment deed. In Ext.P3, the 2nd respondent

would take a stand that Ext.P2 Power of Attorney is

a compulsorily registrable document under Section

17(g) of the Kerala Registration Act, 1908.

2. Learned counsel for the petitioner would submit

that the Power of Attorney was executed outside

India and the same has been adjudicated in terms of

Section 32(1)(b) of the Kerala Stamp Act and

necessary stamp duty has already been paid. As of

now, the petitioner is prepared to register the

Power of Attorney, as required by 2 nd respondent/Sub

Registrar in Ext.P3. The petitioner therefore seeks

an order enabling the same.

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3. In the above referred facts and circumstances,

the petitioner will be at liberty to present the

Power of Attorney for the purpose of registration

before the 2nd respondent/Sub Registrar, who would

register the same in accordance with law. It is

clarified that this Court has not examined the merit

of the contention as to whether a Power of Attorney

executed outside India requires registration as per

the provisions of the Kerala Registration Act.

This Writ Petition is disposed of as above.

Sd/-

C.JAYACHANDRAN, JUDGE ww

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APPENDIX OF WP(C) 10561/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ASSIGNMENT DEED SUBMITTED BY THE PETITIONER FOR AND ON BEHALF OF 'SHANIB' BEFORE THE 2ND RESPONDENT DATED 14-12-2023.

EXHIBIT P2 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY 'SHANIB' IN FAVOUR OF THE PETITIONER DATED 31-10-2023.

EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12-09-2023.