IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24444 of 2008(I) -------------------------- PETITIONER: ------------ MATHEW, AGED 55, S/O.CHACKO, KARIKUTTATH HOUSE, THANKAMANIKARA, THANKAMANI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF JAIL, CENTRAL PRISON, VIYYUR, THRISSUR. 2. THE SUB REGISTRAR, THRISSUR SUB REGISTRAR'S OFFICE, CHEMBUKAVU, THRISSUR. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT.DEPARTMENT OF REGISTRATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24444 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th August, 2008. J U D G M E N T One Sri. James Chacko, S/o. Chembalanikal Chacko, P.O. Nayarupara, Thankamani village, Udumbanchola taluk, Idukki district is said to be desirous of selling some of his properties. However, he cannot personally execute the sale deed since he is detained in the Central Prison, Viyyoor as an accused in a criminal case. He is stated to be desirous of getting the sale deed executed through the petitioner as his power of attorney. But the petitioner is unable to get the power of attorney executed in his name by the said Sri. James Chacko in view of the fact that the 1st respondent is not prepared to permit execution of the power of attorney in the jail, unless the petitioner gets an order from this Court. In the above circumstances, the petitioner has approached this Court seeking the following relief: “Issue an appropriate writ, order or direction commanding the second respondent to register the power of attorney executed by the said James Chacko in the premises of the first respondent as is similar to what is one in Ext. 4 within such time as may be fixed by this Hon'ble Court.” 2. I have heard the learned Government Pleader also. 3. I find that on an earlier occasion, I had passed Ext. P4 judgment in respect of a request on behalf of another convict in the same jail. In the above circumstances, I am satisfied that similar directions as in Ext. P4 can be issued in this case also. Accordingly, the writ petition is disposed of as follows: The petitioner shall complete all formalities required for the concerned Sub Registrar to get the power of attorney registered at the 1st respondent's jail and give advance intimation of the date of registration to the 1st respondent. The 1st respondent shall make all necessary arrangements for the Sub Registrar to complete the registration at the jail on the date fixed and notified as above. I also W.P.C. No. 24444/2008. -: 2 :- make it clear that in the power of attorney to be executed, photograph of Sri. James Chacko and his thumb impression along with the photograph and thumb impression of the petitioner as power of attorney, shall be included. In the sale deed, the photograph of Sri. James Chacko and his thumb impression shall be obtained along with those of the petitioner before presenting the same for registration before the Sub Registrar. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.