If the applicant is not present before the Court they can represent them through a power of attorney if the application is accompanied by necessary declarations: High Court of Kerala

There should be no confusion regarding the legal guardian if the applicant is not present before the Court and is representing through a power of attorney with necessary declarations and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE T.R.RAVI in the case of EVELIN ANNE v. STATE OF KERALA (WP(C) NO. 13033 OF 2022) on 8th April, 2022.

Brief facts of the case are that the petitioner in the case is a child aged 4 years and 9 months represented by her mother and guardian Smt. Jesna Varghese, who is presently abroad and is represented through power of attorney holder Sri. Manoj Mathew. An application had been filed before the respondents seeking issuance of a passport in the name of the minor petitioner.

The writ petition has been filed seeking a direction to the  respondent to consider application in the light of Annexure C declaration given by the petitioner without insisting on a consent from both the parents. Learned counsel for respondent submitted that they are willing to consider the application but that the application says that the legal guardian’s name is one Anju Devassykutty and hence there is a confusion regarding the identity of the person.

Learned counsel for petitioner submitted that since the mother of the minor petitioner is not available in Kerala, the application has been signed by the grandmother of the child Smt. Jiji Varghese. The confusion regarding the name of the legal guardian need not detain the consideration of the application since the applicant before this Court is the mother of the child who is represented through a power of attorney.

Court disposed of the writ petition directing the respondent to consider the application accepting the power of attorney Sri.Manoj Mathew as the person to represent the petitioner.  And the power of attorney shall produce the original of the power of attorney before the officer for reference and held that the passport shall be issued within two weeks from the date of receipt of a copy of this judgment.

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Judgment reviewed by – Amit Singh

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