IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 9^TH DAY OF AUGUST 2024 / 18TH SRAVANA, 1946 WP(C) NO. 9706 OF 2024 PETITIONER:

SHINCY JOY ALIAS SHINCY VINURAJ AGED 40 YEARS D/O JOY W/O LATE VINURAJ , VENATTIL HOUSE, PALLURUTHY DESAM, RAMESWARAM VILLAGE, KOCHI TALUK, PALLURUTHY.P.O, PIN 682006, REPRESENTED BY THE POWER OF ATTORNEY HOLDER INDIRA VIJAYAN, W/O. VIJAYAN, AGED 73 VENATIL HOUSE, PALLURUTHY P.O, PIN 682006.

BY ADVS.

N.RATHEESH SUMA RATHEESH SHANKAR RETHEESH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

2 THE SECRETARY DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

3 INSPECTOR GENERAL DEPARTMENT OF REGISTRATION, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695035

4 THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR , MARADU P.O., PIN - 682304 B.S.SYAMANTHAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Ext.P3 order passed by the respondent No.4 is under challenge.

2. The petitioner presented a power of attorney for registration before the respondent No.4. The power of attorney was executed in favour of mother-in-law of the petitioner to sell the immovable property. The respondent No.4 refused to register the power of attorney on the ground that it is insufficiently stamped. It is in these circumstances, the petitioner has approached this Court.

3. I have heard Sri.N.Retheesh, the learned counsel appearing for the petitioner and Sri.B.S.Syamanthak, the learned Government Pleader.

4. Serial No. 44 of the Schedule to the Kerala Stamp Act, 1959 deals with power of attorney. Sl. No.44(f) says that when power of attorney is executed authorizing a person other than the father, mother, wife, husband, son, daughter, brother or sister, to sell immovable property, the same duty as a conveyance for the fair value of the land or for the amount of the consideration which ever is higher is payable. In all other cases, stamp duty payable is only Rs.600/- as per Sl. No.44(h). The petitioner's case would not fall under Sl.No.44(h) inasmuch as power of attorney is executed in favour of mother-in-law to sell the immovable property. Hence, stamp duty is payable under Sl.No.44(f). There is no illegality in Ext.P3 order.

Accordingly, this writ petition is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA APPENDIX OF WP(C) 9706/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SAID ORDER DATED 31.03.2022 IN O.P. (GUARDIAN) NO. 87 OF 2021 OF THE HON’BLE DISTRICT COURT, ERNAKULAM EXHIBIT P2 THE TRUE COPY OF THE POWER OF ATTORNEY DATED

30.11.2023 EXECUTED BY THE PETITIONER IN FAVOUR OF INDIRA VIJAYAN, THE MOTHER OF THE PETITIONER’S DECEASED HUSBAND, EXHIBIT P3 THE ORDER DATED 30.11.2023 OF THE 4TH RESPONDENT RETURNING EXHIBIT P2, POWER OF ATTORNEY