Nair Service Society vs Prof. V.P Haridas
2024 Latest Caselaw 12826 Ker

Kerala High Court

Nair Service Society vs Prof. V.P Haridas on 22 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
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                        WA NO. 693 OF 2024
AGAINST THE ORDER DATED 12.04.2024 IN WP(C) NO.1717 OF 2023 OF
HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 3 & 5:

    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, AGED 81 YEARS, RESIDING AT
          GOPURATHINGAL, RUBI NAGAR P.O, VAZHAPPALLI,
          CHANGANACHERRY, KOTTAYAM, KERALA, PIN - 686103
          BY ADVS.
          M.GOPIKRISHNAN NAMBIAR
          K.JOHN MATHAI
          JOSON MANAVALAN
          KURYAN THOMAS
          PAULOSE C. ABRAHAM
          RAJA KANNAN
          PRANOY HARILAL


RESPONDENT(S)/PETITIONERS 1 & 2, RESPONDENTS 1, 2, 4 AND 6 TO 31:

    1     PROF. V.P HARIDAS
          AGED 72 YEARS
          AGED 72 YEARS, 'BABY HOUSE', PODUVAL JUNCTION,
          SHORNOOR, PIN - 679121
    2     DR. VINOD KUMAR
          AGED 66 YEARS
          'SOUPARNIKA', NORTH GATE, VAIKOM-PIN. 686141, KOTTAYAM
          DISTRICT, PIN - 686141
    3     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY GOVT. OF KERALA,
          SECRETARIAT THIRUVANATHAPURAM ., PIN - 695026
    4     I.G. OF REGISTRATION
          REGISTRAR OF NON TRADING COMPANIES ,
          THIRUVANANTHAPURAM, KERALA ., PIN - 695026
    5     DR. M. SASIKUMAR
 WA NO. 693 OF 2024


                           -2-

         AGED 77 YEARS
         S/O MADAVAN PILLAI, PRESIDENT NAIR SERVICE
         SOCIETY, KOTTINATTU BUNGLOW, KANNAMPALLI BHAGOM,
         KAYAMKULAM ., PIN - 690502
    6    N.V. AYYAPPANPILLAI
         AGED 72 YEARS
         S/O VELU PILLAI, , ADVOCATE, TREASURER, NSS,
         TRASANTHI', PADANAYARKULANGARA NORTH,
         KARUNAGAPILLI., PIN - 690518
    7    M. SANGEETHKUMAR
         AGED 66 YEARS
         R. MOHAN NATHAN NAIR, SREE GOVINDH', AMBALATHARA
         P.O. , THIRUVANANTHAPURAM ., PIN - 695026
    8    KALANJOOR MADHU
         AGED 64 YEARS
         NARAYANAPANIKER, SREE NIKETHAN, KALANJOOR P.O.,
         ADOOR ., PIN - 689694
    9    HARIKUMAR
         AGED 67 YEARS
         S/O GOVINDA PILLA, KOIKKAL, KOIKKAL
         VLJAYABHAVANAM, PERUNNA WEST P.O. ,
         CHANGANASSERY., PIN - 686102
   10    M.S. MOHAN
         AGED 67 YEARS
         S/O SIVARAMAN NAIR ADVOCATE, MULLASSERIL,
         PONKUNNAM P.O. , KOTTAYAM DISTRICT ., PIN -
         686506
   11    M.M. GOVINDHANKUTTY
         AGED 77 YEARS
         S/O MADHAVAN PILLAI, 'MANGATTU', KADAVANTHRA-
         KALOOR ROAD, KADAVANTHRA P.O., COCHIN., PIN -
         682020
   12    CHITHARA S
         AGED 68 YEARS
         D/O SANKARAN PILLAI, RADHAKRISHNAN NAIR,
         ADVOCATE, AANATH VIHAR, KADACKAL P.O. 691536,
         CHADAYAMANGALAM, PIN - 691536
   13    K. R. SIVANKUTTY
         AGED 66 YEARS
         S/O RAGHAVN PILLAI, (PANTHALAM SIVANKUTTY)
         KUNNATH HOUSE, THONNALLOOR, PANDALAM P.O., PIN -
 WA NO. 693 OF 2024


                           -3-

         689501
   14    C.P. CHANDRAN NAIR
         AGED 74 YEARS
         S/O PARAMESWARAN NAIR, CHOLLANICKAL,
         MURUKKUMPUZHA, PALA P. O., PIN - 689302
   15    DR.G.GOPAKUMAR
         AGED 62 YEARS
         S/O GOPALA PILLAI, DEEVIPRASADHAM', PERAYAM,
         MULAVANA P.O., KOLLAM., PIN - 689504
   16    ADVOCATE, G. MADHUSOODHANAN PILLAI
         AGED 76 YEARS
         S/O GOINDGA PILLAI, VENUKA' NEAR KACHERI,
         ATTINGAL P.O, PIN - 689549
   17    V.A. BABURAJ
         AGED 61 YEARS
         S/O APPUKUTTAN NAIR, ADVOCATE, 'SWATHI',
         PURAVOORKONAM, KARAKULAM P. O. , NEDUMANGADU, PIN
         - 689567
   18    G. THANKAPPAN PILLA
         AGED 67 YEARS
         S/O GOPALA PILLAI, PARVATHIMANDIRAM, KARICKAKALN
         P.O. , KOTTARAKKARA, PIN - 686106
   19    PROF. K.P. NARAYANA PILLAI
         AGED 63 YEARS
         S/O PADMANABHA PANIKER. KUMARACHADATHU HOUSE ,
         KIDANGARA P.O. , CHANGANASSERRY, PIN - 686103
   20    M.P. UDAYABHANU
         AGED 54 YEARS
         S/O UNNIKRISHNAKURUPPU, MAVULLAPARAMBATH HOUSE,
         CHENDAYAD P.O., PANOOR, THALASSERI, KANNOOR .,
         PIN - 670692
   21    PROF. MADAVANA BALAKRISHNA PILLAI
         AGED 65 YEARS
         S/O BALAKRISHN PILLAI, 'PRASANTHI', KUDAMALOOR
         P.O. , KOTTAYAM ., PIN - 686517
   22    P. N. SUKUMARA PANICKAR
         AGED 66 YEARS
         S / O NARAYANAPANICKAR, VANTHANALAYAM, AALA
         P.O. , CHENGANNOOR., PIN - 689126
   23    P. NARAYANAN
         AGED 70 YEARS
 WA NO. 693 OF 2024


                           -4-

         S/O PARAMESWARAN, 'ASWATHY', CHEMBRA COMPLEX,
         SHORNOOR, PALAKKADU DISTRICT., PIN - 679121
   24    PROF. ELANJIYIL RADHAKRISHNAN
         AGED 65 YEARS
         , S/O RADHAKRISHNAN, RADHA MANSIL, MAYITHARA
         MARKET P.O. CHERTHALA, ALAPUZHA ., PIN - 688539
   25    A. SURESAN
         AGED 66 YEARS
         S/O AYYAPPAN, ADVOCATE, AILATHU HOUSE, ANTHIKADU
         P.O., THRISSUR ., PIN - 680641
   26    A. BALAKRISHAN NAIR
         AGED 67 YEARS
         S/O AYYAPPAN NAIR, ADVOCATE, MANNIPADI ESTATE,
         MADHOOR, R.D. NAGAR P.O. KASARKODE ., PIN -
         671121
   27    K. SREESAKUMAR
         AGED 62 YEARS
         S/O KRIHNAKUTTY, ADVOCATE , 'SREEPARNNAM',
         NOOLELI, ASAMANNOOR P.O. ERNAKULAM DISTRICT., PIN
         - 682038
   28    S. MADHU
         AGED 65 YEARS
         S/O SUKUMARAN, 'DEEPTHI', AYYARKULANGARA,
         VAIKKOM-, PIN - 686141
   29    V.VIJULAL
         AGED 68 YEARS
         S/O VIYAYAN, ADVOCATE, THUNDAYYATH HOUSE,
         NANGYARKULANGARA P.O. , HARIPPAD, PIN - 690513
   30    R. HARIDAS
         AGED 65 YEARS
         S/O RADHAKRISHNAN, EDATHITTA, EDATHITTA HOUSE,
         AIRAVON P.O., KONNI ., PIN - 689691
   31    ADDL.R31.TGN KUMAR,
         S/O T V GOPINATHAN, 33/3004, THEKKEMURI- HOUSE,
         VENNALA P. O, KOCHI, ERNAKULAM, PIN-682 028
         (ADDL.R31 IS IMPLEADED AS PER ORDER DATED
         12.04.2024 IN IA NO.1/2023 IN WP(C) NO.
         1717/2023), PIN - 682028
 WA NO. 693 OF 2024


                                   -5-

            SR.ADV.E.K.NANDAKUMAR FOR APPELLANT
            SR.GP. V.TEKCHAND;
            SR.ADV.JOSEPH KODIANTHARA


     THIS    WRIT    APPEAL   HAVING      COME   UP    FOR    ADMISSION   ON
22.05.2024,    THE    COURT   ON    THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 WA NO. 693 OF 2024


                                 -6-

                           JUDGMENT

A.J.DESAI, CJ.

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 WA NO. 693 OF 2024

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 WA NO. 693 OF 2024

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 WA NO. 693 OF 2024

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

uu 22.05.2024 WA NO. 693 OF 2024

PETITIONER ANNEXURES Annexure-A A TRUE COPY OF THE ORDER DATED 05.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP(C) NOS. 13114/2020, 1717/2023, 11556/2023 & 15512/2023 Annexure-B A TRUE COPY OF THE ORDER DATED 11.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP(C) NOS. 1717 OF 2023 & 15512 OF 2023 Exhibit P1 ENGLISH TRANSLATION OF EEXHIBIT P1 Exhibit P4 ENGLISH TRAMSLATION OF EXHIBIT P4 PAGES 3,6,16 & 17 Exhibit P5 ENGLISH TRANSLATION OF EXHIBIT P5 PAGES 3& 21 Exhibit P6 ENGLISH TRANSALATION OF EXHBIT P6 PAGES 4 & 24 Exhibit P10 ENGLISH TRANSLATION EXHIBIT P10