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High Court of KeralaWP(C)/8152/2015dismissed

Rajankutty P.R v. The Director Kerala State Mediation And Conciliation Centre

2015-03-137 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 8152 of 2015 (T) --------------------------- PETITIONER:

RAJANKUTTY P.R, ADVOCATE, S/O.RAMAKRISHNAN, TMC-XIII/213 COURT ROAD, TALIPARAMBA, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS:

1. THE DIRECTOR KERALA STATE MEDIATION AND CONCILIATION CENTRE, RAM MOHAN PALACE, HIGH COURT OF KERALA, KOCHI-682031.

2. THE DISTRICT CO-ORDINATOR(DISTRICT & SESSIONS JUDGE), DISTRICT MEDIATION CENTRE, DISTRICT COURT COMPLEX THALASSERY-670141, KANNUR DISTRICT.

3. ABRAHAM.M.J, ADCOVATE, MANAMPURATH HOUSE, KARIMBAM.P.O-670142 TALIPARAMBA, KANNUR DISTRICT.

4. MOLYKUTTY MATHEW, ADVOCATE, PATHIKKAL HOUSE, CHAPPARAPPADAVU.P.O -670581, KODUVALLI, KANNUR DISTRICT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8152 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE APPLICATION INVITED BY THE 2ND RESPONDENT FOR THE SELECTION OF NEW MEDIATORS FOR THE SUB CENTRE TALIPARAMBA EXT.P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER EXT.P3 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 15-12-2014 EXT.P4 A TRUE COPY OF THE LIST OF LAWYER SELECTED FOR TRAINING AS MEDIATORS FOR THE MEDIATION SUB CENTRE TALIPARAMBA ALONG WITH THE SCHEDULE FOR TRAINING OF MEDIATORS EXT.P5 A TRUE COPY OF THE LIST WHICH THE PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT REGARDING CONDUCTING OF LEGAL AIDS CLINICS AT TALIPARAMBA COURT CENTRE.

EXT.P6 A TRUE COPY OF THE ORDER DATED 8-5-2013 SELECTING THE PETITIONER AS A RESOURCE PERSON EXT.P7 A TRUE COPY OF THE PROGRAMME SCHEDULED UNDER THE AEGIS OF THE KERALA STATE LEGAL SERVICE AUTHORITY ON 17-7-2013 IN VIMAL JYOTHI ENGINEERING COLLEGE,CHEMBERI.

EXT.P8 A TRUE COPY OF THE ORDER DATED 11-9-2013 ALONG WITH THE LIST OF RESOURCE PERSONS EXT.P9 A TRUE COPY OF THE LIST FURNISHED BY THE PUBLIC INFORMATION OFFICER OF THE TALUK LEGAL SERVICE COMMITTEE AT TALIPARMBA REGARDING THE ENGAGEMENT OF THE PETITIONER FOR CONDUCTING VARIOUS LEGAL LITERACY CLASSES EXT.P10 A TRUE COPY OF THE QUESTIONER SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 19-2-2015 EXT.P10(A) A TRUE COPY OF THE REPLY FURNISHED BY THE PUBLIC INFORMATION OFFICER, MUNSIFFS COURT,TALIPARAMBA DATE4D 9-3-2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL ks.

True copy P.S. (HR.GR.)TO JUDGE

BABU MATHEW P. JOSEPH, J.

= = = == = = = = = = = = = = = = = = W.P.(C) No. 8152 of 2015 = = = = = = = = = = = = = = = = = = = Dated this the 13th day of March, 2015

JUDGMENT

The petitioner is an advocate. He has submitted Ext.P2 application before the second respondent for including his name in the panel of advocates who should be given training as Mediators for the Mediation Centre at Thaliparamba.

2. Heard the learned counsel for the petitioner. He submits that the petitioner was called for an interview by

the second respondent. But his name has not been included in the panel as evident from Ext.P4. But, the names of respondents 3 and 4 were included. According to the petitioner, he is more meritorious than respondents 3 and 4. The second respondent has forwarded the panel to the first respondent, the Director, Kerala Mediation and Conciliation Centre. He further submits that the training will be commenced at Thalassery on 16-3-2015.

3. The matter is relating to the selection of trainees to be appointed as Mediators. Admittedly, the selection of the candidates is over and the training is scheduled to be commenced on 16-3-2015. The number of persons to be included for the purpose of training is limited. At this juncture, it is not possible to consider the petitioner for selection and inclusion in the panel for giving training as Mediator. The selection of the candidates has been made by a competent authority, namely, the second respondent who is the District and Sessions Judge, Thalassery. The panel of

selected advocates has been approved by the first respondent. In these circumstances, this Court cannot exercise its jurisdiction under Article 226 of the Constitution of India for considering the reliefs prayed for in this writ petition. Therefore, this writ petition is dismissed leaving open the contentions raised by the petitioner. However, the petitioner is granted liberty to approach the first respondent with a representation highlighting his grievances and making his claim for considering his case in future which shall be considered and disposed of by the first respondent as early as possible in accordance with law.

Sd/- BABU MATHEW P. JOSEPH JUDGE ks.

//True Copy// P.S. To Judge