Point of Law: Power of Attorney - Execution of - A Power of Attorney in terms of provisions of Contract Act as also Power of Attorney Act, is valid. A Power of Attorney is executed by donor so as to enable donee to act on his behalf - Donee in exercise of his power under such Power of Attorney only acts in place of donor subject of course to powers granted.

JUDGMENT :

Petitioners in both these writ petitions seek identical reliefs in undifferentiated circumstance and hence the writ petitions are heard together and being disposed of by a common judgment.

2. The petitioners desired to construct buildings in the properties owned by them. They obtained Building Permits and Development Permits from their respective Local Self Government Institutions. Ordinary earth has to be extracted and removed, for laying foundations for the buildings, for which permits were required from the Department of Mining and Geology. Both the petitioners entrusted the work of submission of applications before the Departmental Officers and of supervising extraction of soil from their land, to one Sri. Noorudheen, S/o. Kunhumohammed.

3. The petitioners executed Powers of Attorney in favour of the said Sri. Noorudheen, by which the said Noorudheen was entrusted with power to extract and remove soil from the land of the petitioners and to approach and do all acts before the Mining and Geology Department, Manjeri. The petitioners submitted separate applications before the District Geologist through the said Power of Attorney, seeking permit to remove ordinary earth. They submitted affidavits also in support of the Power of Attorney.

4. The District Geologist issued a communication to the Power of Attorney stating that the said Power of Attorney had obtained permit from Geologist’s office to remove earth earlier also and therefore he cannot be again issued with permits to remove earth. The Geologist further informed that if the real land owners submit applications with supporting documents, steps will be taken in accordance with the rules.

5. It is aggrieved by the said communication issued by the 1st respondent-District Geologist to their Attorney that the petitioners are before this Court. The petitioners challenge the said communication on the ground that it is a non-speaking order passed without hearing the petitioners. The petitioners are Pardanasheen ladies and have restrictions to appear in public offices directly as per the custom of their community. Due to medical reasons arising from the Covid-19 pandemic also, the petitioners are handicapped.

6. There is no bar on Power of Attorneys under the Mines and Minerals (Development and Regulation) of Act and the Kerala Minor Mineral Concession Rules, to submit applications for Mineral Transit Passes. Power is given to the said Noorudheen due to his experience in handling such work, contended the petitioners. The fact that the Power of Attorney holder had earlier also submitted applications for removal of ordinary earth is not a reason enough to reject the application of the petitioner, urged the petitioners.

7. The learned Government Pleader, on the other hand, pointed out that on verification, it was found that the same Power of Attorney holder had submitted applications for extraction of ordinary earth twice before and obtained mineral transit passes from the office of the District Geologist. The SHO, Valanchery on 20.11.2020 seized a vehicle TN-24AL-4353 for illegal extraction of ordinary earth from the land in respect of which the same Power of Attorney holder held the land as Power of Attorney of another person. The offence was admitted by the owner of the vehicle and was compounded. The Power of Attorney holder also admitted the offence on 29.01.2021 as per a letter.

8. The respondents argued that in view of Rule 14(2) of the Kerala Minor Mineral Concession Rules, the petitioners themselves have to make applications for Transit Passes. The Power of Attorney is being misused for illegal mining of ordinary earth. Hence, he cannot be issued with permits or passes.

9. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

10. One issue arising for consideration in these writ petitions is whether the petitioners who claim to be Pardanasheen ladies can be compelled to personally appear before the authorities under the Kerala Minor Mi