The Thamarassery Bar Association v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 27305 of 2014 (R) ---------------------------- PETITIONER(S):
------------- THE THAMARASSERY BAR ASSOCIATION THAMARASSERY KOZHIKODE DISTRICT, 673573 REPRESENTED BY ITS PRESIDENT SRI.P.C.NAJEEB.
BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S):
------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME(C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001.
2. SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM, 695001.
3. THE REGISTRAR (SUBORDINATE JUDICIARY) HIGH COURT OF KERALA, KOCHI, 682031.
R3 BY ADV. SRI.BABU PAUL R1 & 2 BY GOVERNMENT PLEADER SR. G.P. P.I. DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015 ALONG WITH W.P.C. NO. 29349 OF 2014 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27305 of 2014 (R) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1: COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 19 OCTOBER 2009.
EXHIBIT-P2: TRUE COPY OF GO (RT) NO.271/2012/HOME DATED 30 JANUARY 2012.
EXHIBIT-P3: COPY OF COMMUNICATION NO.D3(A)- 44471/2000/D7 DATED 8TH MARCH 2012 FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT-P4: G.O.(MS) 281/2013/HOME DATED 12TH NOVEMBER 2013.
EXHIBIT-P5: TRUE COPY OF THE LETTER FROM THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT-P6: TRUE COPY OF THE LETTER FROM THE PETITIONER TO THE 2ND AND 3RD RESPONDENT.
EXHIBIT-P7: TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 11 FEBRUARY 2014.
EXHIBIT-P8: LETTER FROM THE PETITIONER TO THE 1ST RESPONDENT DATED 16 JULY 2014.
EXHIBIT-P9:
ACKNOWLEDGEMENT EVIDENCING RECEIPT OF P8.
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P.C. No. 27305 of 2014 & ....................................................... Dated this the 20th day of March, 2015.
JUDGMENT
Ashok Bhushan, Ag.CJ.
These two Writ Petitions had been filed seeking same relief. It is useful to refer the reliefs in Writ Petition No. 29349/2014 which are to the following effect: - "i. Issue a writ in the nature of mandamus, order or direction compelling the first respondent to forthwith sanction the additional posts required for the functioning of the Munsiff-Magistrate Court at Thamarassery so as to enable the Court to commence functioning forthwith. ii) Issue a writ, order or direction to the first and second respondents so as to forthwith take all steps required to
commence the functioning of the Munsiff-Magistrate Court at Thamarassery.
iii) Issue a writ in the nature of mandamus, order or direction compelling the respondents 1 and 2 to explore the possibility of transferring one of the four Munsiff Courts at Kozhikode with its staff to Thamarassery. iv) Issue such other writ, order or direction which is Hon'ble Court may deem fir and proper to grant in the facts and circumstances of the case".
2. A statement has been filed by the first respondent wherein it has been stated that the Government accorded sanction for the conversion of Judicial First Class Magistrate Court -II, Thamarassery to Munsiff-Magistrate Court, Thamarassery, subject to condition that no additional posts will be created and the existing staff in Judicial First Class Magistrate Court shall be utilized or staff from other Courts shall be deployed, if necessary. The proposal sent by the High Court for sanction of Addl. posts were considered by the Government and by order dated 12-112013, 8 further additional posts were created. Reference has been
made in paragraph 4 of the said statement. Another proposal dated 11-2-2014 is stated to have been forwarded to the Government for creation of 19 posts stating that there is no scope for redeployment and the Government deferred its consideration till 31-3-2015.
3. The Government having already made a statement that the consideration of the proposal dated 11-2-2014 have been deferred till 31-3-2015, we see no reason to issue any direction at this stage. Both the Writ Petitions are closed with the observation that, it shall be open for the Government to consider the request for additional sanction of the post, after 31-3-2015. With the above observation these Writ Petitions are closed. Learned counsel for the petitioner made a suggestion that one court can be shifted. He further submitted that the said issue is pending consideration at the administrative side of this Court. The question, whether a particular court is to be shifted, at first has to
be decided by the administrative side of this Court and thereafter appropriate proposal, if found fit, may be sent to the State Government.
Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge