IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE28H DAY OF MARCH20147TH CHAITHRA, 1936 WP(C).No. 8655 of 2014 (F) --------------------------- PETITIONER(S): -------------------------- K.P.ANIL KUMAR, S/O.PARAMESWARAN PILLAI, KAVIL VEEDU, THURUTHIKKARA P.O., KUNNATHOOR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ---------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013.
2. THE ASSISTANT REGISTRAR/VALUATION OFFICER, THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. NO.Q-373, SASTHAMCOTTA P.O.,KOLLAM, PIN-690 521.
3. THE SASTHAMCOTTAH PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. NO.Q-373, SASTHAMCOTTA P.O.,KOLLAM - 690 521, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL R3 BY SRI.SANTHALINGAM, SENIOR ADVOCATE ADV. SRI.S.SHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2803-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 8655 of 2014 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1: COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR TO THE PETITIONER'S BROTHER SRI.K.P.SREEKUMAR. EXHIBIT P2: COPY OF THE POSSESSION AND LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR TO THE PETITIONER'S BROTHER SRI.K.P.SREEKUMAR. EXHIBIT P3: COPY OF THE THANDAPPER ACCOUNT ISSUED BY THE VILLAGE OFFICER, KUNNATHOOR TO THE PETITIONER'S BROTHER SRI.K.P.SREEKUMAR. EXHIBIT P4: COPY OF THE RECEIPT NO.10911 DATED1002/2014 ISSUED BY THE3D RESPONDENT TO THE PETITIONER. EXHIBIT P5: COPY OF THE POWER OF ATTORNEY DATED0302/2014 EXECUTED BY THE PETITIONER'S BROTHER IN FAVOUR OF THE PETITIONER. EXHIBIT P6: COPY OF THE NOTICE DATED2403/2014 ISSUED BY THE3D RESPONDENT TO THE PETITIONER. EXHIBIT P7: COPY OF THE MEMBER LIABILITY REPORT OF THE PETITIONER ISSUED BY THE3D RESPONDENT DATED2402/2014. EXHIBIT P8: COPY OF TRHE ENCUMBRANCE CERTIFICATE ISSUED BY THE SUB REGISTRAR, SOORANAD TO THE PETITIONER. EXHIBIT P9: COPY OF THE APPLICATION DATED2703/2014 SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. RESPONDENT(S)' EXHIBITS: ----------------------------------------- N I L /TRUE COPY/ P.A.TO JUDGE Kss K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 8655 of 2014 - - - - - - - - - - - - - - - - Dated 28th March, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT
The petitioner is aggrieved by Ext.P6 communication of the 3rd respondent which directed the petitioner to produce the Power-of- attorney either attested before the embassy or Registrar of the Registration Department.
2. The brief facts necessary for adjudicating the challenge is that the petitioner sought for a loan from the 3rd respondent pledging certain properties which belonged to his brother. The petitioner had made an application for loan along with his brother as co-obligant on the strength of a Power of Attorney which is produced as Ext.P5. The petitioner's brother is working abroad and the Power of Attorney was executed while he was in India and attested by a Notary. The 3rd WP(C).8655/14 2 respondent raised an objection with respect to the Power of Attorney that it has to be either one attested in the Indian Embassy in the country, wherein the executant is working or one executed before a Registrar under the Registration Act, 1908.
3. Under Section 32 of the Registration Act, 1908, if a document has to be presented for registration, then the Power of Attorney recognizable for the purpose of Section 32 is as indicated in Section 33. Sub-clause (a) of sub- section (1) of Section 33 indicates that a Power of Attorney for the purpose of Section 32 has to be one which was executed before the Registrar if the executant/principal resides in any part of India. If residing outside the country by sub clause (c) of sub section (1), it has to be authenticated by a notary public or any Central Board, Judge, Magistrate, Indian Consul or Vice WP(C).8655/14 3 Consul or representative of the Central Government.
4. The provisions of Registration Act insofar as the State of Kerala also stood amended by the Kerala Amendment Act 31 of 2013 by which Section 17 was amended insofar as providing for a Power-of-Attorney relating to any transaction with respect to an immovable property, executed in favour of persons other than relative to be compulsorily registrable. It is also pointed out that the 'Gahan' to be executed with respect to the mortgage of property to Co-operative Agricultural and Rural Development Bank as is evident from the Co- operative Agricultural and Rural Development Banks Act, more specifically Section 10, is not compulsorily registrable. It is on these contentions that the petitioner contended that the 2nd and 3rd respondents be directed to WP(C).8655/14 4 expeditiously consider the application for loan, de hors the objections raised in Ext.P6, on the strength of Ext.P5.
5. From the provisions stated above, and the fact that the 'Gahan' to be executed by the petitioner being not compulsorily registrable, there shall be a direction to the 2nd respondent to immediately provide the valuation and the 3rd respondent to consider the application for loan expeditiously de hors the objection raised in Ext.P6; but however subject to the petitioner satisfying the formalities and the respondents being otherwise satisfied with the Power-of- Attorney (Ext.P5). Writ petition disposed of. Sd/- K.VINOD CHANDRAN, Judge Mrcs