JASMI, D/O HUSSAIN Vs. DISTRICT COLLECTOR, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.B.Krishna Mani, learned counsel appearing for the petitioners and Smt.A.C.Vidhya, learned Government Pleader appearing for the respondents.

(3.) The case of the petitioners herein is that they have presented Exts.P-1 to P-3 powers of attorneys executed in their favour for stamping in accordance with the Kerala Stamp Act before the Revenue Divisional Officer, Kudappanakkunnu, Thiruvananthapuram, as envisaged in Sec.18 of the Kerala Stamp Act. According to the petitioners, Exts.P-1 to P-3 powers of attorneys were received in the State of Kerala on 29.4.2018. The petitioners would aver that Exts.P-1 to P-3 have been executed in different foreign countries in the Gulf and that they have been duly attested by the officials concerned of the Indian Embassy/Consulate of India, in those respective foreign countries concerned. The case of the petitioners is that Exts.P-1 to P-3 were not sent by mail but through one of the executants of Ext.P-3, Sri.Thajudeen, who was in the Gulf country and who had reached Kerala on 29.4.2018 and that the petitioner would place reliance on the Passport entries of the above said Thajudeen to establish that he reached Kerala only on 29.4.2018. According to the petitioners, since the powers of attorneys have been received in the State of Kerala on 29.4.2018, they can produce it for stamping within 3 months from the date of receipt of the documents in the State of Kerala, which is up to 28.7.2018. Petitioners would aver that though the same was produced before the 2nd respondent-RDO for stamping, he had insisted that relevant materials may be shown to evidence the date of receipt of those documents in the State of Kerala and that he is not acting through the evidence produced by Sri.Thajudeen, who arrived in the State of Kerala on 29.4.2018, etc. That the petitioners would place reliance on the provisions of Sec.18 of the Kerala Stamp Act, which reads as follows: