Kerala High Court
M.A.Saji Roshan vs Law Secretary on 25 September, 2024
Author: A. Muhamed Mustaque
Bench: A. Muhamed Mustaque
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W.P.(C) No.30498 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 30498 OF 2024
PETITIONER:
M.A.SAJI ROSHAN, AGED 58 YEARS, S/O OF LATE AZIZ,
KAIRALI, THIRUVAMPADI, ALAPPUZHA, PIN - 688 002
BY ADV M.A.SAJI ROSHAN (Party-In-Person)
RESPONDENTS:
1 LAW SECRETARY, LAW DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695 001
2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
SECRETARIAT, TRIVANDRUM, PIN - 695 001
3 UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY
OF LAW AND JUSTICE, 4TH FLOOR, A-WING, SHASTRI
BHAVAN, NEW DELHI, PIN - 110 001
K.R. RANJITH GP
T.C. KRISHNA DCGI IN CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(C) No.30498 of 2024
2
JUDGMENT
A. Muhamed Mustaque, Acg.C.J.
This Public Interest Litigation was filed by the petitioner
seeking the following reliefs:
"i) Issue writ of mandamus or any other writ,
order or direction directing the respondent
State of Kerala to direct each district Court to
make it mandatory to affix a recently taken
passport size photo of the party in every Suit
and Plaints.
ii) Issue writ of mandamus or any other writ,
order or direction directing the respondent
State of Kerala to appoint an officer in every
District Courts, who has the qualifications of a
handwriting expert, to peruse forgery at the
instance of Court immediately.
iii) Issue writ of mandamus or any other writ,
order or direction directing the respondent
State of Kerala to Direct the State to introduce a
subject in the school syllabus "how to prevent
cheating". Also direct the state to give more
emphasis on moral science. There ought to be
an educational officer to study the syllabus and
it's impact on students in every course.
iv)Issue writ of mandamus or any other writ or
direction directing Respondent Law Secretary to
direct Kerala Advocates Clerks Well fare fund
Committee to form a disciplinary committee
also vested with power of issuing roll numbers
to advocate clerks. Kerala Advocate Clerks
Association shall not be permitted to appoint or
remove any Advocate clerk from its rolls.
v) Issue writ of mandamus or any other writ or
direction to the respondent Union of India to
consider improving the quality of Judges and to
maintain accountability by enhancing the basic
qualification of candidates appearing for
Judicial Service Examination from LLB to LLM.
And for High Court it shall be LLM in
Constitutional Law preferably with Doctorate
degree in Law.
vi)Issue writ of mandamus or any other writ or
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direction to the 2nd and 3rd respondents to
provide every District Court with an IT Cell to
provide updates such as VC link and sufficient
number of self efiling counters and partly self e-
filing counters to advocates where the
advocates can type the secret codes.
vii) Issue writ of mandamus or any other writ or
direction to the respondent State Appoint a
government official to monitor the functions of
the Bar Council of Kerala similar that of Kerala
Advocates Clerks Welfare Committee fund to
monitor its functions of Bar Council and to
prevent corruptions.
viii) Any other writ or direction appropriate
to the circumstance."
There is no representation for the petitioner. The relief
sought for is a matter touching the policy which either the Court
or the Government will have to evolve and cannot be directed to
be complied by issuing mandamus or any other writ. These far
fetched reliefs sought before this Court are unsustainable.
Absolutely there is no scope for entertaining this matter and
accordingly, we dismiss the writ petition in limine.
Sd/-
A.MUHAMED MUSTAQUE
ACTING CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
PR
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APPENDIX OF WP(C) 30498/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT OS 895/2017 OF
THE PRINCIPLE MUNCIFF COURT ALAPPUZHA
FILED ON 6 TH DAY OF OCTOBER 2017
Exhibit P2 TRUE COPY OF THE PAGES 33 TO 38 PRODUCED
AS EXBT. R1(E) IN THE WPC 2191/2024
FILED ON 15.03.2024
Exhibit P3 TRUE COPY OF THE EMAIL COMPLAINT DATED
12.07.2024 ADDRESSED TO THE REGISTRAR
SUBORDINATE JUDICIARY HIGH COURT OF
KERALA
Exhibit P4 TRUE COPY OF THE NOTARIAL REGISTER
RAFEEK PAGE NO. 31 AND 36 SIGNED BY AN
OFFICIAL ON 30.10.2018 RECEIVED FROM THE
LAW DEPARTMENT
Exhibit P5 TRUE COPY OF THE COMPLAINTS DATED 12TH
JULY 2024 ADDRESSED TO THE DIRECTOR
GENERAL OF POLICE.
Exhibit P6 CERTIFIED COPY OF THE POWER OF ATTORNEY
DATED 05/10/2017
Exhibit P7 TRUE COPY OF THE FINAL REPORT DATED
18/12/2023 IN CRIME 1638/2023 OF
ALAPPUZHA NORTH POLICE STATION
Exhibit P8 TRUE COPY OF LETTER FROM KERALA
ADVOCATES CLERKS WELFARE FUND COMMITTEE
UNDER RTI ACT ON 19/10/2023
Exhibit P9 TRUE COPY OF LETTER FROM KERALA
ADVOCATES CLERKS WELFARE FUND COMMITTEE
UNDER RTI ACT ON 19/10/2023
Exhibit P10 NEWS PAPER PUBLICATION OF KERALA KAUMUDI
NEWS DAILY DATED 21ST JULY 2024
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Exhibit P11 AUDIO FILE OF RAFEEK DATED 08/04/2024 OF
AN ADVOCATE INTIMIDATING FILED IN THE
FORM OF SEALED COVER
