Kerala High Court Denies Wife's Writ Petition Filed on Behalf of Husband Without Power of Attorney
Court Upholds Legal Requirement of Power of Attorney for Representation in Writ Petitions
In a significant judgment, the Kerala High Court has ruled against a writ petition filed by Shareefa on behalf of her husband, citing the absence of a duly executed power of attorney. The court emphasized that a spouse cannot file a writ petition on behalf of the other spouse without proper authorization, as per the Code of Civil Procedure and Kerala High Court Rules.
The case, WP(C) No. 2862 of 2025, was heard by Justice C.S. Dias, where the petitioner sought to rectify the classification of her husband's land from 'wet land' to 'dry land'. The land, located in Tanur Village, Tirur Taluk, was erroneously classified under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Previously, the petitioner's husband had submitted an application to correct this misclassification, which was denied by the Sub Collector. In response, Shareefa filed the writ petition claiming to represent her husband's interests as he was employed abroad.
During the proceedings, the court questioned Shareefa’s locus standi, stating that she was neither the owner nor authorized through a power of attorney. Despite arguments from Shareefa's counsel referencing Section 120 of the Evidence Act, 1872, and decisions in Narayanan Nair and Ashadevi N.P. cases, the court found these references inapplicable.
Justice Dias clarified that the ability to act as a competent witness under Section 120 does not extend to instituting legal proceedings on behalf of a spouse. He further highlighted that Kerala High Court Rules necessitate writ petitions to be filed by the petitioner directly or through a recognized agent, which includes individuals with power of attorney as per the CPC and Powers of Attorney Act, 1882.
The judgment referenced decisions from previous cases, including Calcutta Gas Co. v. State of W.B., and Charanjit Lal Chowdhary v. Union of India, underscoring that legal rights under Article 226 must be personal to the petitioner, unless exceptions like habeas corpus or quo warranto apply.
Ultimately, the court dismissed the petition, allowing for the possibility of a fresh filing should a power of attorney be executed. This judgment reinforces the legal framework ensuring that representation in court adheres to established procedural requirements.
Bottom Line:
A spouse cannot file a writ petition on behalf of the other spouse without a duly executed power of attorney, as per the provisions of the Code of Civil Procedure and the Kerala High Court Rules.
Statutory provision(s): Constitution of India Articles 226 and 227, Code of Civil Procedure Order III, Kerala High Court Rules, Section 120 of the Evidence Act, 1872, Powers of Attorney Act, 1882
Shareefa v. Sub Collector, (Kerala) : Law Finder Doc Id # 2785812
