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2012 Supreme(Online)(KER) 12376

HIGH COURT OF KERALA
S. SIRI JAGAN, J
MARY E THOMAS – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


JUDGMENT

The petitioner has filed an application before the 1st respondent for adjudication of the stamp duty payable on a power of attorney executed by the husband of the petitioner in favour of the petitioner. The petitioner's grievance in this writ petition is that the application for adjudication of stamp duty payable on the power of attorney has been returned by the 1st respondent without stating any reasons. The petitioner seeks the following reliefs:

“(i) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 2 to accept Exhibit P2 application on the files and to consider and adjudicate Exhibit P1 Power of Attorney legally, clearly under the provisions of the Kerala Stamp Act;

(ii) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 2 to provide an opportunity of hearing to the petitioner before taking a decision upon the matter of adjudication of Exhibit P1

Power of attorney.”

2. The learned Government Pleader on instructions submits that the petitioner has not proved that the executant is a citizen of India and that is why it has been returned. It is also submitted that W.P.

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