IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33144 of 2010(P) ---------------------------------- PETITIONER(S): ------------------- CHANDRAN PILLAI,S/O.NARAYANA PILLAI, SANTHA SADANAM,THAZHAM,VENMONY VILLAGE FROM VIRUTHIPARAMBIL HOUSE,THAZHAM VENMONY-689 509. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): -------------------- THE HOME SECRETARY,DEPARTMENT OF HOME AFFAIRS,GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ------------------------- W.P (C) No.33144 of 2010 -------------------------- Dated this the 18th November, 2010 J U D G M E N T Petitioner submits that he is one of the legal heirs of one Jagadamma Thampi who expired on 3.12.2006 in a road accident in Doha while she was working as a Staff Nurse in Hamad Medical Corporation, Doha. It is stated that she died intestate and and issueless and that her husband predeceased her. According to the petitioner, the deceased is entitled to get amounts towards compensation for the death, service benefits, insurance and other dues. According to the petitioner, as advised by the Indian Embassy at Doha, the legal heirs ,are to execute a power of attorney in favour of the Indian Embassy so as to authorise them to receive the compensation and other benefits due to the deceased. 2. It is stated that as per the instructions of the Embassy Officials, a power of attorney was executed by the legal heirs which was submitted to the respondent for attestation. It is stated that the respondent has refused to attest the power of attorney for the reason that all the legal W.P (C) No.33144 of 2010 2 heirs are not parties to the power of attorney. It is in the aforesaid circumstances, this writ petition is filed. 3. In my view, the fact that all the legal heirs are not parties to the power of attorney can be no reason for refusing attestation . This is for the reason that the power of attorney can only bind those who are the executants and will not bind those who are parties thereto. In so far as the executants are concerned, the power of attorney is vallid in all respects. 4. In that view of the matter, the writ petition is disposed of directing that respondent shall not decline to attest the power of attorney for the reason that all the legal heirs of the deceased are not executants to the said document. Petitioner to produce a copy of this judgment along with a copy of the writ petition before the respondent, for compliance. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge