JUDGMENT

[ WP(C).18494/2009, WP(C).18042/2010 ]

Dated this the 20th day of January 2021

Gopinath, J.

W.P.(C)No.18494/2009 has been placed before the Division Bench on account of an order of reference dated 15.3.2018 of a learned Single Judge of this Court, noticing that there is a conflict of opinion in as much as the view taken by a learned Single Judge of this Court inLalitha v. State of Kerala ; 2008(1)KLT 416 was not followed inMeenakshikutty v. State of Kerala; 2011 (1) KLT 1032 on the premise that the view taken inLalitha (supra) was contrary to the judgment of a Division Bench in Sreeramachandran v. State of Kerala ; 2002 (2) KLT 428. The learned single Judge noticed the fact thatLalitha's case (supra) was affirmed (afterMeenakshikutty (supra) was decided) by a Division Bench in W.A.No.2892/2007. The connected Writ Petition, namely, W.P.(C)No.18042/2010 was also ordered to be tagged along with W.P.(C)No.18494/2009. It is accordingly that these cases are coming up before us for adjudication. W.P.(C)No.18494/2009 is the lead case and the Exhibits referred to in this judgment, unless otherwise indicated, are referred to as they are marked therein.

2. The short question that arises