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2010 Supreme(Ker) 580

K.SURENDRA MOHAN, C.N.RAMACHANDRAN NAIR
Joby Varghese – Appellant
Versus
Armed Forces Tribunal – Respondent


Advocates appeared:For the Petitioner:K.R.B. Kaimal (Sr.Advocate), B. Harish Kumar, Advocate. For the Respondent: T.P.M. Ibrahim Khan, Asst. Solicitor General.

Judgment :-

C.N. Ramachandran Nair, J.

This W.P.(C) filed under Art.226 of the Constitution of India challenging the orders of the Army Forces Tribunal, Cochin Bench, was initially not numbered by the Registry for the reason that the very same Bench of the Tribunal in the decision in Indeevarakshan Nair

M.P. v. A.S.C. Records (MT) reported in 2010 (3) KHC 517 held that Writ Petition under Art.226 or Art.227 of the Constitution is not maintainable in the High Court against the orders of the Armed Forces Tribunal. However, considering the Constitution Bench decision of the Supreme Court in L. Chandrakumar v. Union of India reported in (1997

(2) KLT SN 11 (C.No.11) SC = (1997) 3 SCC 261) and S.14(1) of the Armed Forces Tribunal Act, 2007 (Hereinafter called “the Act”) which specifically retains the jurisdiction of the High Court under Arts.226 and 227 of the Constitution, we felt that the view taken by the Tribunal is prima facie incorrect and therefore, we directed numbering the W.P. (C). Since Writ Petitions are likely to be filed in this Court under Art.226 or 227 against the orders of the Tribunal, we have to necessarily consider the correctness of the above decision of the Armed F


























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