Kerala High Court: Wife Cannot File Writ Petition on Husband’s Behalf Without Power of Attorney

The Kerala High Court dismissed a writ petition filed by a wife on behalf of her husband, ruling she lacked locus standi without a valid power of attorney.

The petition challenged the sub-collector’s order rejecting rectification of land wrongly classified as a wetland under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

The wife argued she could represent her husband’s estate under Section 120 Evidence Act and Order III Rule 1 CPC.

The Court rejected this, clarifying that neither the Evidence Act, CPC, nor High Court Rules empower a non-party spouse to file writs. A fresh petition can be filed by the husband or an authorised attorney.

[Shareefa v Sub Collector, Tirur]