Nair Service Society vs T.K. Gopalakrishnan Nair
2024 Latest Caselaw 12523 Ker

Kerala High Court

Nair Service Society vs T.K. Gopalakrishnan Nair on 21 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

       THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

                                &

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946

                        WA NO. 692 OF 2024

AGAINST THE ORDER DATED 12.04.2024 IN WP(C) NO.15512 OF 2023
                   OF HIGH COURT OF KERALA

APPELLANT/S:

   1    NAIR SERVICE SOCIETY
        NSS HEAD OFFICE, PERUNNA, CHANGANACHERRY,
        KOTTAYAM, KERALA REP. BY ITS GENERAL SECRETARY,
        PIN - 686102

   2    G. SUKUMARAN NAIR
        AGED 81 YEARS, S/O. GOPALAN NAIR, RESIDING AT
        GOPURATHINGAL,    RUBI NAGAR P.O, VAZHAPPALLI,
        CHANGANACHERRY, KOTTAYAM, KERALA, PIN - 686103

        BY ADVS.
        ADV.E.K.NANDAKUMAR, SR
        M.GOPIKRISHNAN NAMBIAR
        K.JOHN MATHAI
        JOSON MANAVALAN
        KURYAN THOMAS
        PAULOSE C. ABRAHAM
        RAJA KANNAN
        PRANOY HARILAL

RESPONDENT/S:

   1    T.K. GOPALAKRISHNAN NAIR
        AGED 64 YEARS, S/O KRISHNAN NAIR, THADIYIL HOUSE,
        KUMBASHA P.O., PATHANAMTHITTA DISTRICT, PIN-689653

   2    S. NAVAKUMARAN NAIR
        AGED 53 YEARS, S/O. SREEDHARAN NAIR 'SINDHOORAM',
        KOTHANELLOOR P.O, KOTTAYAM, PIN - 686632
 W.A.No.692 of 2024
                                2


    3      STATE OF KERALA REPRESENTED BY CHIEF SECRETARY
           GOVT. OF KERALA, SECRETARIAT
           THIRUVANATHAPURAM, PIN - 695026

    4      THE REGISTRAR AND I.G. OF REGISTRATION KERALA NON
           TRADING COMPANIES ACT, , C/O I.G. REGISTRATION,
           THIRUVANANTHAPURAM, KERALA., PIN - 695035

    5      DR. M. SASIKUMAR
           AGED 77 YEARS, S/O MADAVANPILLAI, PRESIDENT NAIR
           SERVICE SOCIETY, KOTTINATTUBUNGLOW,
           KANNAMPALLIBHAGOM, KAYAMKULAM ., PIN - 690502

    6      N.V. AYYAPPANPILLAI
           AGED 72 YEARS, S/O VELUPILLAI, , ADVOCATE,
           TREASURER, NSS, 'PRASANTHI', PADANAYARKULANGARA
           NORTH, KARUNAGAPILLI- PIN-., PIN - 690518

    7      REGISTRAR OF NSS KARYOGAM
           NSS HEAD OFFICE PERUNNA, CHANGANASSERY, PIN-686102

    8      M. SANGEETHKUMAR
           AGED 66 YEARS, S/O R. MOHAN NATHAN NAIR,
           SREE GOVINDH, AMBALATHARA P.O.,
           THIRUVANANTHAPURAM,PIN - 695 026

    9      KALANJOOR MADHU
           AGED 64 YEARS, S/O NARAYANAPANIKER, SREE NIKETHAN,
           KALANJOOR P.O., ADOOR ., PIN - 689694

   10      HARIKUMAR
           AGED 67 YEARS, S/O GOVINDA PILLA, KOIKKAL,
           KOIKKAL VIJAYABHAVANAM, PERUNNA WEST P.O.,
           CHANGANASSERY., PIN - 686102

   11      M.S. MOHAN
           AGED 67 YEARS, S/O SIVARAMAN NAIR   ADVOCATE,
           MULLASSERIL, PONKUNNAM P.O.,
           KOTTAYAM DISTRICT, PIN - 686506

   12      M.M. GOVINDHANKUTTY
           AGED 77 YEARS, S/O MADHAVAN PILLAI, 'MANGATTU',
           KADAVANTHRA- KALOOR ROAD, KADAVANTHRA P.O.,
           COCHIN., PIN - 682020
 W.A.No.692 of 2024
                                3

   13      CHITHARA S
           AGED 68 YEARS, D/O SANKARAN PILLAI, RADHAKRISHNAN
           NAIR, ADVOCATE, AANATH VIHAR, KADACKAL P.O. ,
           CHADAYAMANGALAM., PIN - 691536

   14      K. R. SIVANKUTTY
           AGED 66 YEARS
           S/O RAGHAVN PILLAI, (PANTHALAM SIVANKUTTY) KUNNATH
           HOUSE, THONNALLOOR, PANDALAM P.O ., PIN - 689501

   15      C.P. CHANDRAN NAIR
           AGED 74 YEARS, S/O PARAMESWARAN NAIR,
           CHOLLANICKAL, MURUKKUMPUZHA, PALA P.O., PIN -
           686575

   16      DR.G.GOPAKUMAR
           AGED 62 YEARS, S/O GOPALA PILLAI, DEEVIPRASADHAM',
           PERAYAM, MULAVANA P.O., KOLLAM., PIN - 691503

   17      ADVOCATE, G. MADHUSOODHANAN PILLAI
           AGED 76 YEARS, S/O GOINDGA PILLAI, 'VENUKA' NEAR
           KACHERI, ATTINGAL P.O.,, PIN - 695101

   18      V.A. BABURAJ
           AGED 61 YEARS, S/O APPUKUTTAN NAIR, ADVOCATE,
           'SWATHI', PURAVOORKONAM, KARAKULAM P.O.,
           NEDUMANGADU., PIN - 695564

   19      G. THANKAPPAN PILLA
           AGED 67 YEARS, S/O GOPALA PILLAI, PARVATHIMANDIRAM,
           KARICKAKAM P.O., KOTTARAKKARA., PIN - 691531

   20      PROF. K.P. NARAYANA PILLAI
           AGED 63 YEARS
           S/O PADMANABHA PANIKER. KUMARACHADATHU HOUSE,
           KIDANGARA P.O., CHANGANASSERRY, PIN - 686102

   21      M.P. UDAYABHANU,
           AGED 54 YEARS, S/O UNNIKRISHNAKURUPPU,
           MAVULLAPARAMBATH HOUSE, CHENDAYAD P.O., PANOOR,
           THALASSERI, KANNOOR-., PIN - 670692

   22      PROF. MADAVANA BALAKRISHNA PILLAI
           AGED 65 YEARS, S/O BALAKRISHN PILLAI, 'PRASANTHI',
           KUDAMALOOR P.O., KOTTAYAM., PIN - 686617
 W.A.No.692 of 2024
                                4

   23      P. N. SUKUMARA PANICKAR
           AGED 66 YEARS, S/O NARAYANAPANICKAR, VANTHANALAYAM,
           AALA P.O., CHENGANNOOR, PIN - 689126

   24      P. NARAYANAN
           AGED 70 YEARS,S/O PARAMESWARAN, 'ASWATHY', CHEMBRA
           COMPLEX, SHORNOOR, PALAKKADU DISTRICT,PIN - 679121

   25      PROF. ELANJIYIL RADHAKRISHNAN
           AGED 65 YEARS, S/O RADHAKRISHNAN, RADHA MANSIL,
           MAYITHARA MARKET P.O. CHERTHALA, ALAPUZHA.- 688539

   26      A. SURESAN
           AGED 66 YEARS, S/O AYYAPPAN, ADVOCATE, ALLATHU
           HOUSE, ANTHIKADU P.O., THRISSUR, PIN - 680641

   27      A. BALAKRISHAN NAIR
           AGED 67 YEARS
           S/O AYYAPPAN NAIR, ADVOCATE, MANNIPADI ESTATE,
           MADHOOR, R.D. NAGAR P.O. KASARKODE ., PIN - 671121

   28      K. SREESAKUMAR
           AGED 62 YEARS
           S/O KRIHNAKUTTY, ADVOCATE, 'SREEPARNNAM', NOOLELI,
           ASAMANNOOR P.O. ERNAKULAM DISTRICT., PIN - 683549

   29      S. MADHU
           AGED 65 YEARS, S/O SUKUMARAN, 'DEEPTHI',
           AYYARKULANGARA, VAIKKOM ., PIN - 686141

   30      V. VIJULAL
           AGED 68 YEARS
           S/O VIYAYAN, ADVOCATE,   THUNDAYYATH HOUSE,
           NANGYARKULANGARA P.O.,   HARIPPAD ., PIN - 690513

   31      R. HARIDAS
           AGED 65 YEARS, S/O RADHAKRISHNAN, EDATHITTA,
           EDATHITTA HOUSE, AIRAVON P.O., KONNI, PIN - 689691

           BY ADV Biju P.S.
           SR.GP. K.P.HARISH
           SR.ADV.P.B.KRISHNAN
           SR.ADV.JOSEPH KODIANTHARA

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.692 of 2024
                                    5

                             JUDGMENT

A.J. Desai, C.J.

The challenge in this appeal is an interim order dated

12.04.2024 passed by the learned Single Judge in W.P.

(C)Nos.15512 and 1717 of 2023.

2. The learned Senior Counsel appearing for the appellants

states that the above referred writ petitions along with two other writ

petitions, i.e. W.P.(C)Nos.13114 of 2020 and 11556 of 2023, were

listed before the Single Judge on 05.04.2024 and on that date, the

learned Single Judge directed all the matters to be listed for hearing

before the appropriate bench as per the roster. It is also the

submission of the learned counsel for the appellant that, in spite of

the direction to post the matters as per roster, two out of the four writ

petitions, i.e. W.P.(C)Nos.15512 and 1717 of 2023, were again listed

on 11.04.2024 before the same Single Judge and those two matters

were ordered to be listed on 12.04.2024 as part heard.

3. It is the contention of the learned counsel for the appellants

that by impugned order dated 12.04.2024, certain directions were

issued and the writ petitions posted on 31.05.2024. It is submitted

that the learned Single Judge ought to have adhered to the order

dated 05.04.2024 by which all the matters were ordered to be listed

before the appropriate bench as per the roster. He, therefore,

submitted that it will be in the interest of justice to hear all the

matters together, strictly as per the roster.

4. On the other hand, the learned counsel appearing for the

respondent would submit that if the matters are to be heard by the

Judge holding roster, appropriate direction may be issued for

expeditious disposal of all the writ petitions.

5. We have heard the learned counsel appearing for the

respective parties. We have also gone through the order passed by

the learned Single Judge on 05.04.2024 in all the four writ petitions,

which reads thus:

"Learned counsel appearing on behalf of the petitioners submits that these writ petitions are of not matters under the Right to Information Act but under Non trading companies Act and coordinate bench of this Court has already seized of the matter and listed for 21.5.2024. Post the matters before the appropriate bench as per the roster."

6. In our considered opinion, the learned Single Judge should

have adhered to the order dated 05.04.2024, instead of treating only

two matters as part heard while passing another order on

11.04.2024. We have also gone through the roster which was in

effect from 23.03.2024. The learned Single Judge who passed the

impugned order was heading a Division Bench at the relevant point

of time. The roster makes it clear that, if for any reason, a Judge in

the Division Bench has to sit single, he shall deal with those matters

specified for such purpose in the roster itself. As per the roster, the

learned Single Judge was supposed to deal with original petitions

and writ petitions (civil) of the year 2014 only.

7. In view of the factual aspects discussed above, we allow

this appeal and quash the orders dated 11.04.2024 and 12.04.2024

passed in W.P.(C)Nos.15512 and 1717 of 2023.

8. It is hereby directed to place all the four writ petitions (W.P.

(C)Nos.13114 of 2020 and W.P.(C)Nos.15512, 1717 and 11556 of

2023) before the learned Single Judge, as per the current roster in

force from 20.05.2024, in the week commencing from 27.05.2024.

The learned Single Judge is requested to decide the above writ

petitions at the earliest.

9. Apart from this aspect, the Office is duty bound to list

matters before the concerned Judge strictly as per the roster, unless

otherwise ordered by the Chief Justice. Any deviation from this

direction, thereby causing difficulty to the Hon'ble Judges or

Advocates appearing in the matter, will invite disciplinary action

against the officials concerned.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge vpv

PETITIONER ANNEXURES

Annexure COPY OF ORDER DTD 05.04.2024 IN WPC NO. 11556 OF A 2023 AND CONNECTED CASE

Annexure COPY OF ORDER DTD 11.04.2024 IN WPC NO. 15512 OF B 2023

English ENGLISH TRANSLATION OF EXHIBIT P1 translat ion of Exhibit P1 English ENGLISH TRANSLATION OF EXHIBIT P2 translat ion of Exhibit P2 English ENGLISH TRANSLATION OF EXHIBIT P11 translat ion of Exhibit P11