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The Kerala High Court ruled that a spouse cannot file a writ petition on behalf of the other spouse without a specifically executed power of attorney. The order was passed by Justice CS Dias while dismissing a petition filed by a Malappuram-based woman on behalf of her NRI husband concerning the classification of his property.

The woman had sought correction of the classification of certain land as ‘wetland’ under the Kerala Conservation of Paddy Land and Wetland Act, 2008, but the Court held that she lacked the necessary locus standi, considering she neither owned the property nor had a power of attorney to act on her husband’s behalf.

The Court emphasized that the right to sue under Article 226 of the Constitution lies with the person whose legal rights are infringed or someone specifically authorized. Referring to Rule 145 of the Kerala High Court Rules, the Court clarified that only recognized agents or advocates with valid powers of attorney can file such petitions, and merely being a spouse or managing the estate does not suffice.

The petition was dismissed, but the Court allowed the woman to file afresh if her husband executes a power of attorney in her favor.