IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WA.No. 777 of 2009 ------------ -------------------- AGAINST THE JUDGEMENT IN WPC.5494/2009 Dated 06/03/2009 .................... APPELLANT/PETITIONER: ------------------------------------- THE SECRETARY, DEPARTMENT OF HOME AFFARIS, GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL RESPONDENT/RESPONDENT: ------------------------------------------- SARASWATHIAMMA, W/O. SUNDARESAN PILLAI, PEACHIKKAVILLA VEEDU, UNAMMOODU, POOTHAKULAM P.O., KOLLAM DISTRICT. BY ADV.SRI.VEVENUGOPALAN NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 777 of 2009 ------------------------------------------ Dated, this the 1st day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the respondent in the writ petition. The writ petition was filed by one of the sisters of late Paramu Pillai Raghavan Pillai, aggrieved by the refusal on the part of the respondent in the writ petition to attest the power of attorney executed by her in favour of the brother of the deceased. Such a power of attorney along with the other two sisters of the writ petitioner happened to be executed only because of the law prevailing in U.A.E. that the sisters of the deceased are also entitled for a portion of the compensation awarded to the legal heirs of the deceased Paramu Pillai Raghavan Pillai. We find from Ext.P2 power of attorney executed by the legal heirs of Paramu Pillai Raghavan Pillai as per Indian law that they have executed the power of attorney in favour of the same person, namely Rajendran Pillai, the brother of the sisters to receive the benefits. The legal heirs are shown as per Ext.P1. They have executed the power W.A. No.777 of 2009 - 2 - of attorney as per Ext.P2. That has already been attested. The apprehension expressed by the learned Government Pleader is that if the power of attorney executed by the sisters is attested, there is every chance of misusing the same to steal the benefits available to the legal heirs of Paramu Pillai Raghavan Pillai as per Indian law. 2. We do not find any basis for such an apprehension. The power of attorney of the writ petitioner and two other sisters was necessitated only because they are also legal heirs of their brother late Paramu Pillai Raghavan Pillai as per the law of U.A.E. 3. In the above circumstances, we do not find any merit in the writ appeal. Accordingly it is dismissed. The power of attorney executed by the writ petitioner and two other sisters as per Ext.P3 will be attested forthwith, in the peculiar facts and circumstances of the case. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns