IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 28409 of 2010(A) -------------------------- PETITIONER(S): --------------- JAGATHEES KUMAR @ JAGAESSH KUMAR, AGED 27, S/O.KANDASWAMY, RESIDING AT DOOR NO.112, MUTHANDIPALAYAM, K.AYYAMPAYALAM, PALLADAM TALUK, THIRUPUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE JAIL SUPERINTENDENT, CENTRAL PRISON, VIYYUR, THRISSUR-680 010. GOVT. PLEADER SRI.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.28409 OF 2010(A) -------------------------------------------------- Dated this the 27th day of September, 2010 J U D G M E N T Petitioner submits that one Sri. Sundaramoorthy, who is a convict in a Sessions case No.SC(NDPS) 21/2009 on the file of the Addl. Sessions Judge/Spl. Judge for NDPS Act Cases, Thodupuzha, is undergoing imprisonment at Viyyoor Central Prison. It is stated that Sri. Sundaramoorthy wants to appoint the petitioner as his power of attorney holder. According to the petitioner second respondent did not permit execution of the power of attorney and therefore the writ petition has been filed seeking a direction requiring the 2nd respondent to permit Sri. Sundaramoorthy to execute Ext.P4 power of attorney appointing the petitioner, as his power of attorney holder. 2. Government Pleader has obtained instructions in the matter. It is stated that the 2nd respondent has no objection for execution of the power of attorney, provided the officers of the Registration Department, who are competent to register the document, are brought to the Jail for execution of the document. WPC.No. 28409/2010 :2 : In this writ petition, the case of the petitioner is that 2nd respondent is unwilling to permit the petitioner to execute the document. Now that 2nd respondent submits that he has no objection, it is up to the petitioner to ensure the presence of the officers of the Registration Department for getting the document executed, after notifying the 2nd respondent in advance. Therefore, recording the submission of the 2nd respondent as above, this writ petition is closed. (ANTONY DOMINIC) JUDGE vi/