Citation : 2022 Latest Caselaw 2888 Ker
Judgement Date : 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 16th day of March 2022 / 25th Phalguna, 1943
WP(C) NO. 11316 OF 2021(S)
PETITIONER:
SUO MOTU PROCEEDINGS INITIATED BY THE HIGH COURT IN THE MATTER OF
EXTENSION OF ORDERS OF STAY GRANTED BY THE HIGH COURT IN
WP(C)NO.9400/2020(S) AND CUSTODY ORDERS IN RESPECT OF CHILDREN
ISSUED BY THE FAMILY COURTS, WHICH ARE DUE TO EXPIRE OR COMMENCE
DURING THE PERIOD OF LOCKDOWN/COVID RESTRICTIONS.
RESPONDENT/RESPONDENT IN WPC NO.9400/2020(S):
STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001.
This Suo Motu writ petition again coming on for orders upon perusing
the petition,this Court's Judgment dated 06/08/2021 & Orders dated
18/01/2022,21/02/2022 and upon hearing the arguments of
SRI.K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL,SRI.S.MANU,ASSISTANT SOLICITOR
GENERAL OF INDIA, SRI. T.A.SHAJI,DIRECTOR GENERAL OF PROSECUTION,
SRI.RAJESH VIJAYAN,PRESIDENT OF THE KERALA HIGH COURT ADVOCATES
ASSOCIATION and of SMT.P.K.SANTHAMMA,PRESIDENT OF THE KERALA FEDERATION OF
WOMEN LAWYERS,the court passed the following:
P.T.O
S. MANIKUMAR, CJ,
A. MUHAMMED MUSTAQUE
&
SHAJI P. CHALY, JJ.
-------------------------------------------------
I.A. No.1 of 2022
and
W.P(C). No. 11316 of 2021 (S)
-------------------------------------------------
Dated this the 16th day of March, 2022
ORDER
S. Manikumar, CJ.
On this day, when the matter came up for hearing, Mr. K.
Gopalakrishana Kurup, learned Advocate General submitted that
earlier, when normalcy was restored and courts started
functioning, this court by order dated 6.8.2021, disposed of the
suo motu writ petition.
2. However, the learned Advocate General submitted that
though the interim order granted on 18.1.2022, has been
periodically extended upto this day, sufficient time may be given
to the learned counsel, as well as the litigants to approach the
courts/tribunals for suitable interim orders and in such
circumstances prayed to extend the interim order, granted by this
Court, in I.A. No.1 of 2022, upto 25.3.2022.
3. Mr. Rajesh Vijayan, learned counsel and President of
Kerala High Court Advocates' Association also agreed to the above
suggestion.
W.P(C).11316/2021
4. Abovesaid submission of learned counsel is placed on
record.
5. Having regard to the above, orders passed in I.A. No.1 of
2022 and in W.P(C).No.11316 of 2021, is extended upto
25.3.2022.
As there is no necessity to retain the interlocutory
application as well as the writ petition, both are closed
accordingly.
Sd/-
S. Manikumar, Chief Justice
Sd/-
A.Muhammed Mustaque, Judge
Sd/-
Shaji P. Chaly, Judge
sou.
16-03-2022 /True Copy/ Assistant Registrar
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