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V.C.PADMANABHAN NAMBIAR versus SPECIAL TAHSILDAR

High Court of Kerala

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V.C.PADMANABHAN NAMBIAR v. SPECIAL TAHSILDAR - WP(C) No. 4249 of 2007(E) [2007] RD-KL 3385 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4249 of 2007(E)

1. V.C.PADMANABHAN NAMBIAR,
... Petitioner

Vs

1. SPECIAL TAHSILDAR,
... Respondent

2. THE DEPUTY CHIEF ENGINEER,(CONSTRUCTION)

For Petitioner :SRI.V.C.JAMES

For Respondent : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :14/02/2007

O R D E R

K.P.BALACHANDRAN, J.


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W.P.(C)NO.4249 OF 2007
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Dated this the 14th day of February 2007



JUDGMENT

Petitioner is the first claimant in LAR 39/02 on the file of Additional Sub Court, Thalassery. It is her case that she has authorised and empowered her brother V.C.Padmanabhan under the original of Ext.P1 power of attorney to conduct the case and to do anything and everything in LAR 39/02 on her behalf and that therefore on Ext.P2 cheque application filed by the power of attorney holder on her behalf cheque should have been issued in the name of the said V.C.Padmanabhan but the court below has ordered cheque to be issued in the name of the petitioner/claimant herself. It is the further case that she filed Ext.P3 application I.A.1932/06 to review the said order but the said I.A. was dismissed vide order dated 18.8.2006. The prayers in this writ petition are the following:

i) issue a writ of certiorari or such other appropriate writ order or direction calling for the records and proceedings leading up to the dismissal of Exts.P2 and P3 and quash the orders passed on Exts.P2 and P3. W.P.(C)NO.4249 OF 2007 2 ii)issue a writ of mandamus or such other appropriate writ order or direction directing the Additional Sub Court, Thalassery to issue cheque for an amount of Rs.46,931/- in the name of the power of attorney holder of the petitioner, pursuant to Exts.P2 P3 applications. iii)grant such other reliefs as may deem fit and proper in the circumstances of the case. Cheques in land acquisition references are issued only in the name of claimant and not in the name of persons who are authorised to act on their behalf. If the power of attorney authorises the power holder to transact also in the bank account of the petitioner, he will be at liberty to encash it if so permitted by the concerned bankers. The prayer to issue cheque in the name of the power holder is not tenable. This writ petition in the circumstances is devoid of merit and is dismissed.

K.P.BALACHANDRAN, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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