IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 5494 of 2009(F) ------------------------- PETITIONER(S): --------------- SARASWATHIAMMA, AGED 55 YEARS, W/O.SUNDARESAN PILLAI, PEACHIKKAVILA VEEDU, UNAMMOODU, POOTHAKULAM P.O., KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the legal heir ship certificate issued by the Taluk Office dated 13.5.2008. Ext.P2. True copy of the power of attorney executed by the wife of the deceased in favour of the brother of the deceased ad the petitioner. Ext.P3. True copy of the duly notarized joint power of attorney executed by the petitioner and other two sisters of the deceased in favour of their brother in UAE // true copy // P.A to Judge. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.5494 OF 2009 ------------------------ Dated this the 6th day of March, 2009. JUDGMENT The prayer in this writ petition is to direct the respondents to attest Ext.P3 power of attorney. 2. According to the petitioner one of her brother Paramu Pillai Raghavan Pillai, holder of Indian Passport No.F 8443297 expired on 18.12.2007 while at Dubai where he was employed. It is stated that his wife gave Ext.P2 power of attorney to Sri. Paramu Pillai Rajendran Pillai, another brother of the deceased, authorizing him to collect the compensation due from the employer. However, the authorities at Dubai insisted that the power of the attorney should be attested by the respondent and accordingly the same was got attested. 3. On producing Ext.P2 power of attorney, according to the petitioner, the UAE authorities asked for a power of WP(c).No.5494/09 2 attorney of the sister of the deceased as well, since under the law prevailing in UAE, sisters are also eligible for a portion of the compensation. Thereupon the petitioner submits that she executed Ext.P3 power of attorney authorizing Sri. Paramu Pillai Rajendran Paillai to receive the compensation but however, when the same was submitted for attestation before the respondent, the respondent insisted on producing a legal heirship certificate, showing the petitioner as one of the legal heirs. It is in these circumstances the writ petition has been filed praying for a direction to the respondent to attest Ext.P3 power of attorney without insisting for a legal heirship certificate . 4. Learned Government Pleader on instruction submits that in terms of the guidelines, legal heirship is always insisted and that therefore it was insisted for attesting the power of attorney . 5. However, the counsel for the petitioner submits that only attestation that is required is regarding the competence WP(c).No.5494/09 3 of the Notary Public, before whom Ext.P3 Power of Attorney was executed and for that matter legal heirship certificate is irrelevant. 6. If, as stated by the counsel for the petitioner, the only attestation that is required is regarding the competence of the Notary Public, before whom Ext.P3 was executed, there is no reason for production of a legal heirship certificate proving the relationship of the petitioner with the deceased. In view of this, I direct that it will be open to the petitioner to produce before the respondent the original of Ext.P3, in which event the respondent shall attest Ext.P3, if the document is otherwise eligible to be attested. Petitioner shall produce a copy of the judgment before the respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.5494/09 4