Kerala High Court
K.O.George vs Bar Council Of Kerala on 13 September, 2021
WP(C) NO. 12171 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 12171 OF 2021
PETITIONER/S:
K.O.GEORGE
AGED 85 YEARS
KALATHUPARAMBIL HOUSE, VELANGALOOR P.O.THRISSUR
DISTRICT-680 662.
BY ADVS.
G.SREEKUMAR (CHELUR)
RAPHAEL THEKKAN
RESPONDENT/S:
1 BAR COUNCIL OF KERALA,
REP BY THE CHAIRMAN, BAR COUNCIL BHAVAN, HIGH COURT
ROAD, KOCHI, KERALA-682 031.
2 KERALA ADVOCATES WELFARE FUND TRUSTEE COMMITTEE
REP BY THE SECRETARY OF THE TRUSTEE COMMITTEE, BAR
COUNCIL BUILDING, KOCHI-682 031.
BY ADV PRANOY K.KOTTARAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12171 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.12171 of 2021
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Dated this the 13th day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
(i) "Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction calling for the records
leading to Exhibit P7 and quash the same.
(ii) Issue a writ, order or direction directing the Second
respondent to grant petitioner the benefits accrued to him
under Kerala Advocates Welfare Fund Act, 1980.
(iii) Such other writ order or direction in the interest of
justice as this Hon'ble Court may deem just and fit in the facts
and circumstances of the case."
2. The main challenge in this writ petition is against
Ext.P7 order. Admittedly, Ext.P7 order is an appealable order
before the 1st respondent as per Sec.21 of the Kerala Advocates
Welfare Fund Act, 1980. In such circumstances, the petitioner is
free to file an appeal before the 1 st respondent and the 1st
respondent can be directed to dispose the appeal, within a time
frame.
Therefore, this writ petition is disposed in the following
manner :
1) The petitioner is free to file an appeal before the 1 st
respondent within 10 days from the date of receipt of
a copy of this judgment.
2) If such an appeal is received, the 1 st respondent will
consider the appeal and pass appropriate orders in it,
after giving an opportunity of hearing to the
petitioner, within 3 months from the date of receipt of
the appeal.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 12171/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ENROLLMENT CERTIFICATE
DATED 22.11.2001
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF MEMBERSHIP
DATED 25.7.2002
Exhibit P3 TRUE COPY OF THE REQUEST DATED 11.9.20
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
19.9.2020
Exhibit P5 TRUE COPY OF THE CERTIFICATED DATED
1.10.2020
Exhibit P6 TRUE COPY OF THE NOTICE DATED 24.3.2021
Exhibit P7 TRUE COPY OF THE RESOLUTION NO 57/2021
DATED 10.4.2021
Exhibit P8 TRUE COPY OF THE DECISION DATED 3.5.2021
