Kerala High Court
K.P.Baburajan vs District And Sessions Judge on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA,
1943
WP(C) NO. 12186 OF 2021
PETITIONER/S:
K.P.BABURAJAN
AGED 47 YEARS
S/O. NARAYANAN N.V., KUDIYIRUPPU PARAMBA, NEAR
SOUTH L.P. SCHOOL, PAYYANNUR P.O. KANNUR
DISTRICT.
BY ADVS.
M.SASINDRAN
SREEHARI INDUKALADHARAN
RESPONDENT/S:
1 DISTRICT AND SESSIONS JUDGE
THALASSERY, KANNUR DISTRICT 670 101.
2 THE SHERISTHADAR,
SUB COURT, PAYYANNUR, KANNUR DISTRICT 670 307/.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 12186 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.12186 of 2021
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Dated this the 19th day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers:
"i) call for the records leading to Exhibit P4 quash the
same by issuing a writ of certiorari or other writ,
order or direction.
ii) issue a writ of mandamus or other writ, order or
direction commanding the 1st respondent to renew
the registration of petitioner under the Kerala
Advocate Clerk Welfare Fund Act, 2004 within a
time limit to be fixed by this Hon'ble Court and
affording the petitioner an opportunity of being
heard.
iii) declare that petitioner is eligible for exemption
from the qualification enumerated in Section 4 of
Advocate Clerk Rule 2016.
iv) award cost to the petitioner
v) issue such other writ, order or direction as may be
W.P.(C). No. 12186 of 2021
necessary in the interest of justice."
2. The petitioner is aggrieved by an order rejecting an
application filed by him for registration as Clerk by the 1 st
respondent. According to the petitioner, he enrolled as an
advocate clerk on 27.01.1997 under the provisions of the Kerala
Advocate Clerk Welfare Fund Act, 2004. He was the registered
clerk to Adv.Muralidharan, Payyannur, practicing at Kannur.
According to the petitioner, the validity period of Ext.P1
Identity card for pleaders registered clerk has been extended till
2013. It is stated by the petitioner that due to an inadvertent
mistake, the petitioner omitted to renew the period of
registration. Hence, the petitioner filed an application before
the District Judge, Thalassery to renew the registration of
clerkship for the year 2021. The 1st respondent rejected the
application stating that the petitioner is not qualified as per Rule
4 of the Advocates Clerks Rule 2016 as the petitioner does not
possess SSLC qualification. Aggrieved by the same, this writ
W.P.(C). No. 12186 of 2021
petition is filed.
3. When this writ petition came up for consideration on
05.11.2021, this Court directed the registry to get a report from
the District Judge, Thalassery about the reason for rejecting the
application of the petitioner. The learned District Judge
informed this Court that on 02.12.2020 the petitioner filed an
application for new registration and not for renewal. It is also
stated by the learned Judge that if the application filed on
02.12.2020 was for renewal he should have shown the Card
number, column No.1, S.L.No/LF No. and column No.9, date of
registration in the application, but nothing is mentioned in the
application. It will be better to extract the relevant portion of
the report submitted by the learned Judge.
"Sri.K.P. Baburajan was a registered Advocate
Clerk as per Card No. 211/1997 dated 27.01.1997
and the same was seen renewed upto 31.12.2013 as
per the records of this Court. After 31.12.2013 he
was not chosen to renew the registration for reasons
W.P.(C). No. 12186 of 2021
only known to him. On 01.12.2020 he filed
application for new registration and not for renewal.
If the application filed on 02.12.2020 was for
renewal he should have shown the Card No., column
No.1, S.L. No./ LF No. and column No.9, date of
Registration in the application. But nothing is
shown in the application filed on 02.12.2020 by the
applicant and hence it is to be assumed that he has
filed an application for new registration.
Report submitted for favour of necessary
action."
4. From the above report, it is clear that the petitioner
submitted a fresh application for registration as clerk and not
for renewing the application and that is why he invited Ext.P4
order. The counsel for the petitioner submitted that the
petitioner will submit an application for renewal, in accordance
to law, and there may be a direction to consider the same and
pass appropriate orders. The counsel also submitted that for
facilitating to pass such an order, the Ext.P4 may be quashed.
W.P.(C). No. 12186 of 2021
5. Heard the learned Government Pleader also. I think
such an order can be passed.
Therefore, this writ petition is disposed of in the following
manner:
1. All proceedings which leads to Ext.P4 are set aside.
2. The petitioner is free to file a fresh application for
renewal of clerkship, within three weeks from the date
of receipt of a copy of this judgment along with all
necessary documents.
3. Once such an application is received, the 1st
respondent will consider the same and pass
appropriate orders in it, in accordance to law, as
expeditiously as possible, at any rate, within one
month from the date of receipt of the renewal
application.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 12186 of 2021
APPENDIX OF WP(C) 12186/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE IDENTITY CARD OF
PLEADERS REGISTERED CLERK ISSUED TO
THE PETITIONER NO. 211/1997.
Exhibit P2 A TRUE COPY OF THE MEMBERSHIP CARD NO.
25/KACWFC/03/2004.
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
2.12.2020 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT JUDGE, THALASSERY.
Exhibit P4 A TRUE COPY OF NOTICE NO. DIS-380/2021
DATED 22.02.2021 ISSUED BY SHERISTADAR
SUB COURT, THALASSERY.
