IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 7454 of 2008(K) -------------------------------------- PETITIONER: -------------------- A.M.KUMARAN, S/O.A.M.CHATHU, NO.6, RAJAVEEDHI, CHOOLAMEDU, CHENNAI. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB-REGISTRAR, VARKALA SUB REGISTRAR OFFICE, VARKALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7454/2008 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF GENERAL POWER OF ATTORNEY EXECUTED BY THASALEENA IN FAVOUR OF THE PETITIONER DTD.17/4/06. EXT.P2: COPY OF THE SETTLEMENT DEED NO.182/2000 DTD. 13/01/2000 OF THE SRO, VARKALA. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 7454 OF 2008 ----------------------------------------------- Dated this the 24th day of March, 2008 JUDGMENT The prayer in this Writ Petition is to permit the petitioner to execute a sale deed on the strength of Ext.P1 power of attorney with reference to the property mentioned therein and to register the same in accordance with law. The allegation made in the Writ Petition is that along with a draft sale deed, the petitioner approached the 2nd respondent and that the 2nd respondent has informed him that the document will not be registered, as according to him, the power of attorney was not sufficiently stamped. 2. On instructions, learned Government Pleader submits that, the petitioner had not submitted any document for registration and that there was no occasion for the 2nd respondent to inform the petitioner his inability to register the documents as alleged in the writ petition. 3. Even going by the averments in this Writ Petition, petitioner has no case that he has presented any document for registration and refusal to register the documents can arise only WPC No. 7454 OF 2008 2 when the document is presented for registration. In addition to this, even the allegation that the petitioner had approached the 2nd respondent has been denied by the respondent. In view of this, I feel that the Writ Petition is premature and the same is closed. ANTONY DOMINIC, JUDGE ttb WPC No. 7454 OF 2008 3