B.N. Srikrishna, C.J.

By an order of reference made on 11th April, 2001 by the Division Bench of S. Sankarasubban and A. Lekshmikutty, JJ. this Original Petition is placed before this Full Bench. This exercise has apparently been done in exercise of the power under S.4 of the Kerala High Court Act, 1958. S.4 of the Act pertains to the power of a Bench of two judges and the material portion reads as under:

"4. Powers of a Bench of two Judges.- The powers of the High Court in relation to the following matters may be exercised by a Bench of two judges, provided that if both judges agree that the decision involves a question of law they may order that the matter or question of law be referred to a Full Bench."

Corresponding to this is the power of a single judge which is delineated in S.3 of the Act, the material portion of which reads as under.

"3. Powers of single Judge.- The powers of the High Court in relation to the following matters may be exercised by a single judge provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two judges."

2. The issue that has arisen before this Full Bench is "whether eve