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High Court of KeralaWP(C)/11332/2015disposed of

Abdul Razak v. The State Of Kerala

2015-09-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 11332 of 2015 (N) ---------------------------------------- PETITIONER:

------------------- ABDUL RAZAK, AGED 29 YEARS, S/O.ADAKKAPARAMBIL ABDUL KHADAR, HOUSE NO.3/475, ANTHIKAD PANCHAYATH, PADIYAM POST, THRISSUR-680641. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS:

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DISTRICT JAIL SUPERINTENDENT, KANNUR CENTRAL PRISON, KANNUR-676001.

3. THE SUB REGISTRAR, KANNUR SUB REGISTRY, KANNUR-676001.

BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 11332 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE SUMMARY PREPARED BY THE PETITIONER ON BEHALF OF THE PRIVATE LIMITED COMPANY KING SPACES AND BUILDERS PRIVATE LIMITED DATED NIL.

EXT.P2 A TRUE COPY OF THE SALE DEED TO BE EXECUTED BY THE SAID MOHAMMED NISHAM DATED 5.1.2015 EXT.P3 A TRUE COPY OF THE CERTIFICATE OF IN CORPORATION WITH ARTICLES OF ASSOCIATION OF M/S KING SPACES AND BUILDERS PRIVATE LIMITED DATED 25.6.2010 EXT.P4 A TRUE COPY OF THE F I R IN CRIME NO.173 OF 2015 DATED 29.1.2015 OF THE PERAMANGALAM POLICE STATION EXT.P5 A TRUE COPY OF THE POWERS OF ATTORNEY PREPARED DATED 27.3.2015 ALONG WITH THE COVERING LETTER DATED 28.3.2015. EXT.P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE UNDER TRIAL PRISONER BEFORE THE COURT BELOW DATED 12/8/15 EXT.P7 A TRUE COPY OF THE ORDER PASSED BY THE COURT BELOW DATED 24/8/15 IN CRL.MP.2981/15 ON THE FILE OF THE FIRST ADDITIONAL SESSIONS COURT, THRISSUR.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.11332 of 2015 ****************************************************************************** Dated this the 8th day of September, 2015

JUDGMENT

The petitioner is the brother of Mr.A.A.Mohammed Nisham, a under trial prisoner now in the judicial custody and housed in the Central Prison, Kannur. The petitioner is the donee of the Power of Attorney holder. This writ petition is filed to enable the under trial prisoner, Mr.A.A.Mohammed Nisham, to execute the necessary Power of Attorney in respect of the matter referred in Ext.P6.

This Court is of the view that the Superintendent of Central Jail, Kannur, shall take appropriate action to intimate the Sub Registrar, Kannur/Competent Registrar to enable the under trial prisonerMr.A.A.Mohammed Nisham to execute the Power of Attorney. Needful shall be done by the Superintendent of Central Jail, Kannur within ten days from the date of receipt of a copy of this judgment. Thereafter, the Sub Registrar of the competent jurisdiction shall act upon the request of Superintendent of Central Jail, Kannur as expeditiously possible, at any rate, within a further period of two weeks.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln