Suo Motu vs State Of Kerala
2024 Latest Caselaw 33114 Ker

Kerala High Court

Suo Motu vs State Of Kerala on 14 November, 2024

J. P. P. No. 2 of 2024
                                   -1-

                                                   2024:KER:89321
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

        THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                    &

                    THE HONOURABLE MR. JUSTICE S.MANU

   THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,

                                  1946

                            JPP NO. 2 OF 2024

PETITIONER/S:

               SUO MOTU,
               HIGH COURT OF KERALA,
               ERNAKULAM, PIN - 682 031.


RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2        UNION OF INDIA
               REPRESENTED BY THE HOME SECRETARY, MINISTRY OF
               HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN -
               110001


              BY ADVS.
              K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL
              SHRI.V.MANU, SENIOR G.P.



        THIS JUDICIAL PRACTICE AND PROCEDURE HAVING COME UP
FOR ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 J. P. P. No. 2 of 2024
                                       -2-

                                                           2024:KER:89321
                                      ORDER

Dated this the 14th day of November 2024

Nitin Jamdar, C. J.

This suo motu petition is placed before us on the judicial side by the Registry under the roster assignment 'suo motu matters in judicial practice and procedure' in view of the order dated 25 July 2024 passed by the Division Bench of this Court in Con. Case (C) No. 551 of 2024 and connected cases highlighting the delays in listing contempt cases, review petitions, time extension petitions, etc., when one among the Judges of the Division Bench retires or when the Judge who passed the order/judgment while sitting in Single retires or when both the Judges of the Division Bench are part of different Benches as per the Roster in force, we deem it appropriate to direct Registry to place this order before the Division Bench dealing with matters relating to practice and procedure in the judicial and administrative sections of the High Court. Therefore, it will be necessary to evolve the practice to avoid delays.

2. The Registry has submitted a report that, as per practice, whenever a proposal for amending, framing or deleting the Rules arises, it is placed before the Chief Justice. The Chief Justice usually directs that it be placed before the Committee of the Judges constituted for Framing High Court Rules and High Court Service Rules. If the Committee finds it necessary, it recommends amendments/framing/deletion to the High Court Rules. The

2024:KER:89321 recommendations of the Committee are then placed before the Full Court for approval. The Registry has pointed out that in cases where instructions to the Registry suffice, an Office Memorandum is issued under the orders of the Chief Justice on the administrative side. This being the position, it will not be necessary to take up the matter on the judicial side; the Registry will place the subject on the administrative side to decide/direct the appropriate action to be adopted.

3. The suo motu proceedings are accordingly closed.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S. MANU JUDGE

Eb

2024:KER:89321

PETITIONER ANNEXURES

Annexure A COPY OF COMMON ORDER DATED 25/07/2024 IN CONT. CASE(C) NOS.551, 569, 632, 643,789 AND 1161 OF 2024

Annexure B COPY OF OM HCKL/1143/2024-A7-HC KERALA DATED 20-07-2024

Annexure C OFFICE NOTES AND ORDERS OF THE HONOURABLE THE ACTING CHIEF JUSTICE DATED 01/08/2024