1. This writ petition has been placed before us with the following order of the Chief Justice, apparently made in exercise of power under S.6 of the Kerala High Court Act, 1958:

"There is an apparent conflict between the views expressed by two Division Benches' of this Court with respect to the procedure to be followed by a Single Judge while adjourning a matter to be heard and determined by a Bench of two judges under S.3 or the High Court Act. The question of law involved in the writ petition also is very important. I, therefore, order that the writ petition as well as the order of reference be posted for hearing before a Full Bench of five judges."

We have heard counsel on the conflicting views about the scope of S.3, and this order is intended to dispose of the said controversy. The merits of the Original Petition will be considered separately.

2. S.3 of the Kerala High Court Act empowers a Single Judge to exercise the Court's powers under Art.226(1) of the Constitution, but the Section also contains a proviso in the following terms:

"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 ju