The authority to cancel a Power of Attorney must be substantiated by consideration, and disputes regarding it should be resolved in a Civil Court.

Order

The petitioner seeks for cancellation of the impugned Power of Attorney, registered as Document No. 9166 of 2024, SRO Pammal.

2.The petitioner claims that the aforesaidsaid cancellation of the document is null and void as according to her, since the Power of Attorney was granted in her favour, which is supported by consideration, the fourth respondent does not have any authority to cancel the Power of Attorney granted in her favour.

3.However, as seen from the Power of Attorney granted in petitioner’s favour by the fourth respondent, prima facie, this Court finds that the said Power of Attorney has been granted in petitioner’s favour and is not supported by any consideration.

4.However, the same is disputed by the petitioner, who contends that even though in the Power of Attorney deed, it has been mentioned that the power is granted without consideration, the petitioner will be able to prove that the fourth respondent has received consideration for the grant of Power of Attorney in favour of the petitioner.

5.The contention of the petitioner cannot be redressed by the official respondents as it involves disputed question of facts, which can be redressed only by a Civil Court.

6.This Court, after expressing its view to the learned counsel for the petitioner, the learned counsel for the petitioner has now requested this Court to dispose of this writ petition by granting liberty to the petitioner to approach the Civil Court as against the 4th respondent and all other necessary parties. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to approach the Civil Court against the 4th respondent as well as all other necessary parties. No costs.