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P.V.ABDUL NAZAR v. THE SECRETARY TO GOVERNMENT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,
1944
WP(C) NO. 37222 OF 2022
PETITIONER/S:
P.V.ABDUL NAZAR
AGED 67 YEARS
S/O. THAROI VATTAPOYIL HOUSE UNNIKULAM, EKARUR
P.O.
KOZHIKODE - 673 674.
BY ADVS.
LUIZ GODWIN D COUTH
JOSE KURIAKOSE (VILANGATTIL)
BIJO FRANCIS
RESPONDENT/S:
1 THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM - 695001.
2 SUPERINTENDENT OF POLICE,
DISTRICT JAIL, KOZHIKODE DISTRICT -673004.
3 ADDL. SUB REGISTRAR
SUB REGISTRAR OFFICE,BALUSSERY, KOZHIKODE -
673612
(ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED
30.11.2022 IN I.A.1/2022 IN WP(C)37222/2022).
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
gp P S APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 01stday of December, 2022 The petitioner's son V.P.Nahas lodged in the Kozhikode District Jail having been remanded by jurisdictional criminal court. The petitioner's son had availed a loan from the Balussery Co- operative Urban Bank by mortgaging his immovable property as security. The loan having been defaulted, the bank initiated SARFAESI proceedings and it has reached the stage of taking physical possession of the property by appointing Advocate Commissioner under Section 14 of the SARFAESI Act. The petitioner had earlier approached this Court seeking a reasonable time for repaying the loan and Ext.P2 judgment was rendered permitting the petitioner to repay the amount in instalments. The petitioner was not able to make the remittances as directed in
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Ext.P2 and the Bank is hastily proceeding with the recovery measures.
2. To tide over the situation, the petitioner has sought permission of the bank to conduct private sale of his son's property. The bank has acceded to the request, but with a rider that the sale should be conducted immediately. As the petitioner's son is lodged in jail, the sale has to be conducted by the petitioner on the strength of a power of attorney to be executed in his favour. For this purpose, petitioner's Counsel submitted Ext.P3 request before the Superintendent of Prisons. The Superintendent of Prisons made an endorsement on Ext.P3 to the effect that the petitioner's son will be permitted to execute the power of attorney if a valid court order is produced. Hence, this writ petition.
3. I heard the learned Counsel for the petitioner and the learned Government Pleader.
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4. Learned Counsel for the petitioner submitted that there is no impediment in the petitioner's son executing the power of attorney for the purpose of registering the sale deed since Section 17(1)(g) of the Registration Act, 1908 provides for execution of power of attorney in favour of near relatives.
5. Having gone through the provision, I find the submission to be well founded.
6. Learned Government Pleader points out that the petitioner will have to get the power of attorney notarized if it is to be accepted and acted upon.
7 Learned Counsel for the petitioner submits that the needful in that regard will be done by the petitioner.
The writ petition is accordingly disposed of directing the Superintendent of Prisons, Kozhikode District Jail to permit the petitioner's son V.P.Nahas, an inmate in the
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jail, to execute a power of attorney in favour of the petitioner within the jail premises. For this purpose, the petitioner shall appear before the Superintendent of Prisons, Kozhikode District Jail at 10.30 a.m. on 05.12.2022 with a copy of this judgment.
Sd/-
V.G.ARUN
JUDGE
Scl/01.12.2022
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