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2023 Supreme(Online)(KER) 42682
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944 WP(C) NO. 39482 OF 2022(FILING NO.)
PETITIONER/S:
TALAKKOTTUR R DAVID AGED 83 YEARS TC 34/671-1, GV RAJA ROAD, PIN - 695007 BY ADV TALAKKOTTUR R DAVID(Party-In-Person)
RESPONDENT/S:
1 CHIEF SECRETARY, STATE OF KERALA ROOM NO.202, NORTH SANDWICH BLOCK, 1ST FLOOR, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001
2 THE ATTORNEY GENERAL OF THE STATE OF KERALA OFFICE OF THE ADVOCATE GENERAL KERALA, NEAR HIGH COURT COMPLEX, RAM MOHAN PALACE, KOCHI, KERALA 682 031 PHONE:0484 239 3844, 2395050, 2395052
3 P.V.JAYARAJAN PRESIDENT OF THE CONSUMER DISPUTE REDRESSAL COMMISSION VAZHUTHACAUD, SISHU VIHAR, THIRUVANANTHAPURAM
4 ADV ABDUL KHARIM PNA KHADIR BULDINGS, VANCHIYOOR THIRUVANANTHAPURAM , PIN - 695035
5 SECRETARY TO THE KERALA STATE BAR COUNCIL AT COCHIN CAMPUS ERNAKULAM BAR COUNCIL BHAVAN, HIGH COURT ROAD, KOCHI, KERALA 682031
6 COMMISSIONER OF POLICE, VAZHUTHACAUD, THIRUVANANTHAPURAM
7 POLICE CHIEF CRIME BRANCH THIRUVANANTHAPURAM
8 SHO, MUSEUM POLICE STATION THIRUVANANTHAPURAM
9 DIRECTOR OF VIGILANCE VIKAS BHAVAN, THIRUVANANTHAPURAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.G.ARUN, J.
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WP(C) NO. 39482 OF 2022 (FILING NO.)
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Dated this the 06th day of January, 2023
JUDGMENT
The unnumbered writ petition was posted before the Bench after noting the following defects;
“This writ petition been filed by the petitioner who is a party in person aged 83 years From Trivandrum. On scrutiny it is seen that the statement of facts synopsis grounds etc is not in the proper format. Defect was noted by the Registry. Since the petitioner is filing the case from Trivandrum earnest efforts has been taken with the assistance of IT section over Telephone to get the file uploaded properly as per the filing Rules. Even though some of the defects are cured, the file is still defective. Subject chosen, provision of law shown, Format of synopsis statement of facts etc is not properly uploaded, grounds not uploaded. Meta data entered is not proper. Copy has not been served to all respondents, in the index, description of exhibits is not clearly shown with number and date.”
2. I heard the party-in-person at length and considering his age, directed the Legal Services Committee to render necessary help to the petitioner for curing the defects.
3. The Legal Services Committee has returned the file with a covering letter, the relevant portion of which reads as under;
"With reference to the order cited 1st above, I am to report this office entrusted Adv.Resmi Nandanan for curing the defect in WP(C)39482/2022 (Filing No.) filed by Mr. Thalakottur R.David (Party in Person). The advocate's letter cited 2nd above informed this office that the petitioner filed the writ petition through the online mode; therefore defects can be cured only through his dashboard. The defects already noted were informed to the petitioner and the dashboard of the petitioner can be opened only by using his password and user ID. The pettioner is residing at Thiruvananthapuram. The petitioner Mr.Thalakottur R.David is not ready to share his personal ID and username of the dashboard. Hence the advocate is unable to open the dashboard of the petitioner.
The panel lawyer further submits that the writ petition filed by Mr.Thalakkottur R.David, is not maintainable. Therefore the advocate informed that she is returning the files to this office without curing the defects noted by the Registry and if a posting date is informed, the panel lawyer will appear before the court on the same day and will submit this matter to the Honourable Court."
Having gone through the statement of facts and the relief sought, I find the objection raised by the Registry to be well founded. The objection is hence sustained.
