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2022 Supreme(Online)(KER) 19790

HIGH COURT OF KERALA
T. R. Ravi, J
HEDRIN LAWRANCE PEREIRA – Appellant
Versus
THE STATE OF KERALA, – Respondent


Advocates:
SUMAN CHAKRAVARTHY, AMJATH A.R

JUDGMENT

Admit. Government Pleader takes notice for respondents.

2. The petitioner is the Power of Attorney holder of one Dr.Ravintharan who is a permanent resident of Singapore. Ext.P1 Power of Attorney was executed for the purpose of selling the share of the Principal in property referred to in Ext.P1. The document was executed on 30.12.2020 and was adjudicated for stamp duty by the 2nd respondent. The adjudicated amount of Rs.2,99,344/- was remitted in the Treasury on 03.05.2021 as evidenced by Ext.P3. The petitioner submits that during the Covid-19 pandemic, it was difficult to find a buyer for the property and the buyer came forward only recently and an agreement for sale was executed and later the sale deed was also drawn up. It is submitted that the sale deed was presented for registration before the 4th respondent on 20.06.2022, but the 4th respondent declined to register the sale deed for the reason that Ext.P1 Power of Attorney is not a registered document. The petitioner preferred Ext.P5 representation before the 3rd respondent contending that Ext.P1 is not compulsorily registrable and is covered under Section 33 (1) of the Registration Act. It is submitted that the 4th r

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