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2012 Supreme(Ker) 91

C.N.RAMACHANDRAN NAIR, BABU MATHEW P.JOSEPH
P. A. Ayub Khan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:A. Jayasankar, Manu Govind, Advocates.

Judgment :-

C.N. Ramachandran Nair, J.

This case came up before this Bench yesterday as an unnumbered W.P.(C) with a noting by the Registry that the case is not maintainable as a public interest litigation based on decision of the Honourable Supreme Court in Girjesh Shrivastava v. State of M.P. reported in 2010 (4) K.L.T. Suppl.130. However, since we felt that maintainability itself needs to be considered by this Court on the judicial side, subject to decision on maintainability itself, we ordered numbering of the W.P.(C). Accordingly it is numbered and sent to the Bench today.

2. When the W.P.(C) was taken up for hearing, the President of the Kerala High Court Advocates’ Association also appeared and submitted that there is a general grievance for the Advocates that the Registry without any authority considers maintainability of various cases filed in the court and refuses to number the same. According to him, even after request by counsel, Registry even refuses to post the case before the Bench. Government Pleader also endorsed the same view stating that the objection raised by the Registry leads to even delay in posting even after numbering of the case involved.

3. We are of the

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