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High Court Visit

Introduction
Courts are regarded as the temples of justice. Any person who is
aggrieved by the acts of another takes his resort in courts to get
his grievances. For every law student who intends to pursue his
career as a lawyer and is preparing to develop his career plans,
he will be much benefitted if he gets an opportunity to observe
closely the procedures carried out in the courts.
Court visits are included in legal education curriculum to provide
the students with an opportunity to study by observing a live
court room. We the students of law at Kannur university, School of
Legal Studies is having such an activity in our ninth Semester
i.e., to visit a court and to prepare a report thereof which is to
be recorded and submitted.
As a part of the activity we decided to visit and observe a day's
work at the High Court of Kerala. High Court of Kerala is the head
of the state judiciary coming directly under the supervision of
the Supreme Court of India. Kerala High Court is a Constitutional
as well as Statutory judicial body. High Court of Kerala is
constituted by the Government of India under Article 214 of the
Constitution of India. The High Court is a Constitutional Court in
terms of Article 215. It is a court of record and has all the
powers of such court including the power to punish for contempt of
itself. The business and exercise of the powers of the High Court
of Kerala are regulated by the provisions contained in the Kerala
High Court Act, 1958 and the Rules of the High Court of Kerala,
1971 prescribed there-under. The High Court has Original,
Appellate as well as Revisional jurisdiction in both civil as well
as criminal matters apart from the power to answer reference under
certain statutes.
Every High Court shall consist of a Chief Justice and such other
judges as the President of India from time to time deem it
necessary. At present, the sanctioned Judge strength of the High
Court of Kerala is 27 Permanent Judges including the Chief Justice
and 11 Additional Judges. Every judge including the Chief Justice
shall be appointed by the President of India by Warrant under his
hand and seal. Every permanent judge will continue in office until
he attains the age of 62 years. The Additional Judges are
appointed for a period not exceeding two years taking into account
the temporary increase in the business of the High Court. Such
judge shall also not hold office after attaining the age of 62.
As at present, there are 26 Permanent Judges including the
Chief Justice and 9 Additional Judges. Article 230 enables the
Indian Parliament, by law to extend the jurisdiction of a High
Court to any Union Territory. By virtue of this the High Court
of Kerala is also the High Court having jurisdiction over the
Union Territory of Lakshadweep.
Acknowledgement
Before detailing the report it is essential to acknowledge the
efforts of certain good people who had given their support and
guidance to make this report.
First of all I must express my sincere gratitude to all lecturers
especially Mrs. SHEEJA A.M who supported and guided and
accompanied us throughout this effort.
Mrs. Kavitha Balakrishnan, Head of the department gave us full
support for our idea of making a visit to High Court. Without her
permission and support this wouldn't have had happened. For this I
express my sincere gratitude to her.
Adv. Anishad P.S (Advocate at Kerala High Court), I am so grateful
to his guidance and assistance he provided for me at the High
Court. He gave me data which I needed for my work. He took me to
every court rooms in the entire complex and shown me every
arrangements done in the High Court complex for the aid of the
advocates. He took me to the registrar of the High Court and I had
a chance to talk with him and he showed me the filing and despatch
sections and explained to me its working. I am grateful to him for
all the efforts he taken to help me in completing this work
Last but not the least, I would like to express my sincere
gratitude to God the Almighty, for bringing to me such wonderful
persons to help me in my work.

Scope and Object
The scope of the visit is that it helps the law students to
understand the judicial process at the High court of Kerala by
directly experiencing it. for any student who is planning for a
career as an advocate such an experience would help to promote his
ambitions and plan his career forward.
The object was to understand the procedure that is being
followed in the High Court of Kerala. The procedure followed in
High Courts is different from that of trial courts as there are no
such elaborate procedures of trial being conducted in High Courts
as there in trial courts.

Methodology.
as a part of the curriculum we had to visit a court and make
report based on its findings. we decided to visit the High Court
of Kerala and to prepare a report thereof. We obtained permission
from the authorities to enter the court room and to observe
proceedings. We entered court rooms in groups and seen the
proceedings that was being held in each court room. We interacted
with the advocates and understood the procedures of filing a
petition, obtaining and implementing interim orders, execution
orders etc.

Observation.
The High Court transacts its judicial functions, the Judges
sitting in Single, in Division Bench and in specifically referred
cases in Full Bench and also in Larger Bench. The power
of distribution of work in courts vests with the Chief Justice and
the work is distributed depending on the subject matter of the
cases. The constitution of sittings and work distribution is
published daily.

There are all together 13 Judicial Sections in the High Court to
deal with 50 types of cases filed in the court from filing to
issue of Certified Copy of Judgment / Orders. The Cause List of
cases posted before different Courts / Chambers are also published
daily and weekly.
Filing Of Case
Filing a suit or petition before High Court is having a
different procedure from that of the ordinary law courts.
The petition is never given directly to the court. The
file shall be submitted at the filing section of the High
Court. At least 5 copies of the petition shall be filed by
the petitioner. If more copies are needed to send to the
opposite parties along with the notice or to be given to
each presiding judges such number of copies as needed must
also be added with it.
There is a format for every petitions and every petition
must follow that format. The format of every petitions to
be filed is that it must have;
1. Index
2. Synopsis
3. Petition
4. Affidavit
5. Exhibit
This pattern shall be followed for every petition filed in
the High Court.
At the filing section the officers of court would check
for defects in the petition. If there is any defects the
defect would be shown in the notice board and the advocate
is expected to cure the defect and resubmit the file
within fifteen days. In case of any delay for filing after
the limitation of fifteen days, there must be either
sufficient cause for such delay or the party will be
required to condone for such delay.
Petitions filed after curing the defects or filed without
defects would be numbered and forwarded to the bench for
hearing.
Hearing of the Case
When a petition is numbered and forwarded to the bench,
notice to this effect will be sent to the opposite party
or parties as required along with a copy of the petition
submitted to the court and the person is expected to
appear before the court and contend in the case.

Hearing of case in High court can be put to four stages;
I. Admission
in the admission stage the sustainability of the
petition is being checked. There can be three kinds of
petitions admitted in High Court firstly cases coming
under the original jurisdiction of High Court, secondly
cases of appellate jurisdiction, thirdly revision
petitions under the revisional jurisdiction of High
Court.

Original Jurisdiction of High Court
The High Court can have Original jurisdiction in
matters of writ petitions. In terms of Article 226 of the
Constitution of India, the High Court shall have power in
relation to its territorial jurisdiction to issue Directions,
Orders and Writs including the Writs in the nature of Habeas
Corpus, Mandamus, Prohibition, Quowarranto and Certiorari
for enforcement of the fundamental rights guaranteed to the
citizens under Part III of the Constitution or for any other
purpose.
Appellate Jurisdiction
Sections 100 of the Code of Civil Procedure provides
for filing of second appeals in High Court. An appeal
shall lie to the High court under section 100 from
every decree passed in appeal by any court
subordinate to the High Court, if the High court is
satisfied that the case involves a substantial
question of law.
The memorandum of appeal should precisely state the
substantial question of law involved in the case.
Revisional Jurisdiction
Section 115 of Civil Procedure Code empowers the High
Court to interfere in revision in any case decided by
any subordinate court, If such subordinate Court
appears to have;
a)exercised a jurisdiction not vested in it by law,
or
b)failed to exercise a jurisdiction so vested, or
c) acted in the exercise of its jurisdiction
illegally or with material irregularity.
If such conditions are satisfied an aggrieved person
can move to High Court for revision.
The sustainability of the petitions would be checked by
the court at the admission stage of the petition.
II. Counter
When the petition is found admissible the next stage is
for the counter. At this stage notice would be issued to
the respondent parties to appear before the court and to
present their case.
A notice issued from High Court can be by way of an
Ordinary notice, notice by speed post or a notice by
special messenger in cases of special urgency.
The respondent can appear before the court and file
counter for the petition submitted.

III. Hearing

After the counter being filed by the respondent the
actual hearing of the case would begin. The hearing
would be upon the questions of law and not of facts.
therefore there won't be any elaborate trial proceedings
such as witness examinations. The questions of law would
be heard and arguments and evidences in this regard
would be examined and a decision thereupon would be
formulated.

A special bench was constituted in the High court to
hear matters of offences against women after the Delhi
gang rape issue. High Court consist a bench for hearing
service matters but most of the service matters are
dealt by the State Administrative Tribunal and the
Central Administrative Tribunal. A green bench will be
constituted in the High Court of Kerala in the near
future. At present the green bench is constituted at
Chennai with Kerala included in its jurisdiction.

IV. Disposal
After hearing the parties, their arguments on various
questions of law, a decision would be formulated and a
final judgement will be made. In writ petitions Orders
shall be given in accordance with the petition. High
Court can give final judgements in second appeals, writ
orders, interim orders, execution orders etc.

Findings.
After completing the visit I record the following facts as my
findings;
High Court of Kerala is the apex court in Kerala and
Lakshadweep.
High Court of Kerala is the head of the State Judiciary
having supervisory power over all the other subordinate
courts in kerala.
High Court is a court of record and has all the powers of
such court including the power to punish for contempt of
itself.
Every High Court shall consist of a Chief Justice and such
other judges as the President of India from time to time deem
it necessary.
At present the Kerala High Court consist 26 Permanent Judges
including the Chief Justice and 9 Additional Judges.
The present chief justice of Kerala high court is The
Honble Justice Mrs. Dr. Manjula Chellur.
The retirement age for the judges of high court is 62 years.
The High Court transacts its judicial functions, the Judges
sitting in Single, in Division Bench and in specifically
referred cases in Full Bench and also in Larger Bench.
The power of distribution of work in courts vests with the
Chief Justice and the work is distributed depending on the
subject matter of the cases.
There are all together 13 Judicial Sections in the
High Court to deal with 50 types of cases filed in the court
from filing to issue of Certified Copy of Judgment / Orders.
On these 13 judicial sections there are about 30 courts
working as required by the works demanded .
There are two categories of advocates in High Court the
Senior Advocates and Other advocates.
Under its original jurisdiction High Court shall have power
in relation to its territorial jurisdiction to issue
Directions, Orders and Writs including the Writs in the
nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto
and Certiorari for enforcement of the fundamental rights
guaranteed to the citizens under Part III of the Constitution
or for any other purpose.
The High Court shall also have superintendence over all
Courts and Tribunals throughout the territory in relation to
which it exercises jurisdiction.
High Court posses revisional jurisdiction over the judgements
passed by its subordinate courts subject to its territorial
jurisdiction.
Second appeals are permissible in High court only if it
contains any substantial question of law.
The business and exercise of the powers of the High Court of
Kerala are regulated by the provisions contained in the
Kerala High Court Act, 1958 and the Rules of the High Court
of Kerala, 1971.
The High Court has Original, Appellate as well as Revisional
jurisdiction in both civil as well as criminal matters apart
from the power to answer reference under certain statutes.

APPENDIX
Writ Petition

BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM

W.P. (C) No of 2012

PETITIONER:

M.B.Jagalsan, aged 32 years,S/o.Bahuleyan,
Maniyalthazhathu House, Poovathussery PO,
Annamanada, Thrissur Dt., Pin-680741.
Working as Site in Charge & Supervisor,
Candela Engineering Corporation,
Door No.III/246, Maniyattu Building,
Kuruppampady PO., Perumbavoor-683545.
Vs.

RESPONDENTS:

1. State of Kerala Represented by
The Director General of Police,
Thiruvananthapuram
2. The Circle Inspector of Police
Njarakkal
3. Sub Inspector of Police,
Njarakkal Police Station, Njarakkal PO,
Ernakulam.
4. Anilkumar, aged about 37 years,S/O.Balan
Thaivelikkakathu House,

WRIT PETITION FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA

Address for service of notices etc., to the
petitioner is that of his councels, P.S. Anishad,
Limna Bhaskaran, & T.N. Kripal Advocates, M/S EX-
LEGE , 3
rd
floor, Vattolly Complex, Kombara jn,
Market road (north), Ernakulam, 682018. And Address
for service of the summons and all process to the
respondents are as shown above.

STATEMENT OF FACTS


1. Petitioner is a Permanent resident of Poovathussery,
Poovathussery PO, Annamanada, Thrissur district
Working as Site in-Charge & Supervisor. The petitioner
is authorized by the Candela Engineering
Corporation,Door No.III/246, Maniyattu Building,
Kuruppampady P.O., Perumbavoor for signing all the
legal documents, other documents and material pass for
the successful completion of the assigned work of the
aforesaid company. The 4
th
Respondent is the local
leader of trade union of BMS in that locality. A
true photocopy of the Authorisation Letter issued by
Company is produced herewith and marked as Exhibit
P1.
2. It is respectfully submitted that, the company of the
petitioner obtained a sub-contract work for Pile
foundation and Erection of 3 Nos., 30 Mtr. High Mast
and Earthing of High Mast of 4 Nos. at Bharath
Petroleum Corporation Ltd. STF Puthuvypeen from Bajaj
Electrical Limited,CRL House, 42/1107, Tata oil mills
road, Ernakulam as per PO Number: 117643 on 22-08-
2012. The company of the petitioner is a registered
private company as Reg. No1318/2012, which is engaged
in Engineering and construction works. A true
photocopy of the Agreement in between petitioners
company and Bajaj Electrical Ltd., is produced
herewith and marked as Exhibit P2.
3. It is respectfully submitted that, on the basis of
Exhibit P2, the Petitioner has started discussion with
trade unions for availing of labours for aforesaid
works. After many discussions the trade union leaders
agreed to avail labours on the base of existing
memorandum of settlement, which signed in between
CINDA Engineering & Construction Pvt. Ltd. and Trade
union leaders. A true photocopy of the Memorandum of
Settlement in between Cinda Engineering & Construction
Pvt. Ltd. and Trade union leaders is produced herewith
and marked as Exhibit P3. After the settlement of
labours problem, labours and company employees, who is
engaged in the work at STF area, Puthuvypeen, attended
the safety class which is compulsory conducted by the
safety officers of BPCL and took the police clearance
certificate for the each labours.
4. It is respectfully submitted that, after the
completion of prescribed rules and regulation, the
petitioner has started the Piling work on 19-11-2012.
While the progress of the work on 25-11-2012,
Respondent No.4, who is the local leader of trade
union of BMS in that locality and his henchman,
approached the Petitioner obstructed the work and
compelled to engage more labours and demanded much
more wages for their labours apart from the agreed
memorandum of settlement. Not only that without any
basis, the Respondents No. 4 and his henchman, who
never did any work in prescribed site or any other
place with petitioners company, have demanded same
amount of wage of the 4
th
Respondents labours per
day, for each of them. When the Petitioner questioned
this the reply was that this is the Kerala Style Trade
Unionism. They told the Petitioner that being the
leaders of the workers, they are entitled for that
amount, and that it is better to give them the amount
for the smooth functioning of the works. As a result
the petitioner was ready to engage their men in the
construction works without any more wages other than
the memorandum of settlement. But the labours of other
trade unions denied the engagement of BMS trade union
labours out of the ratio of the settlement. By this
illegal interference and threatening of the 4
th

Respondent and his henchman, the work of the
petitioner is blocked.
5. It is respectfully submitted that, this has caused
enmity to the Respondents No. 4 and his henchmans
towards the Petitioner. From that day onwards, they
have started to harass the Petitioner by way of
obstructing the construction activities. The
Respondents No. 4 along with his henchmen came before
the Petitioner and his company staff and told that
they shall never permit any one to work peacefully.
When the Petitioner try to compromise the problem and
harassment, the 4
th
Respondent shouted at the
Petitioner by using nasty abusive language. The
henchman of the Respondent No.4 had even tried to
manhandle the Petitioner. While going from there, the
4
th
Respondent told that if the Petitioner ousts his
workers, then they shall not spare any one from his
family, to live peacefully in that home. Not only
that, the said Respondents No. 4 had told that their
men shall obstruct the construction work in their
site, at any cost. They had also threatened that if
anyone from the locality worked with the Petitioner,
they will finish them off. By fearing of this threat,
many of the routine workers of other trade union,
including skilled workers, have now stopped to come,
to the site.
6. It is respectfully submitted that, by the aforesaid
reasons the petitioner losing more than ten thousand
of rupees as wage of company employees and rent of the
machineries. Not only that the agreement between the
company and Bajaj Electricals Ltd. is to complete the
work within a period of 90 days from the date of
agreement. After the specified period of 90 days the
petitioners company is losing the money as
prescribed in the agreement. By this time, the
Petitioner preferred a complained to the 3
rd

Respondent and copy of the petition forwarded to the
2
nd
Respondent and requested the Police Protection.
But the 3
rd
Respondent told that they can not provide
protection, because it is a labour dispute. Petitioner
has tried his level best for getting the police
protection as there is no matter of right for the
Respondents No.4 or their henchmen to obstruct the
construction works of the Petitioner. But the said
officer denied the request and told that the police
cannot interfere in the matter without the direction
of this Hon'ble Court. A true photocopy of the
complaint preferred before the 3
rd
Respondent, is
produced herewith and marked as Exhibit P4.

Under these circumstances, left with no other
efficacious or alternative remedy than to approach
this Hon'ble court, for the redressal of grievances,
the petitioners most humbly prefer this writ petition
under Art. 226 of the Constitution of India with
following among other


GROUNDS
A. The reluctance of the Respondents No.3 to afford
adequate sufficient Police protection for the
construction work by the petitioner is unjust, unfair,
unreasonable, irregular, improper, and illegal.
B. Petitioner has a legal right to pray for Police
protection from the Respondents No. 4 and their
henchmen. In the absence of any prohibitory orders,
nothing is prevented a Policeman to provide protection
for the construction work as per the agreement in the
work site as it is the bounden duty of the Police to
provide protection to the life of an individual.
C. It is the statutory duty of the Police to safe guard
the life and properties of the petitioner. They have a
duty to act fairly and independently. They are
sufficiently empowered to exercise their power for the
benefit of those who have that right. If they are not
exercising the powers vested with them, even after
repeated demand, it shall be tantamount to culpable
breach of duty.
D. The urgent intervention of this Hon'ble Court by
invoking the wide powers under Art.226 of the
Constitution of India is highly inevitable in this
case, unless irreparable injuries and hardship may be
caused to the poor petitioner.

Having regards to the above mentioned grounds mentioned in
the memorandum of Writ Petition and also such other
grounds that may be urged at the time of hearing, this
Hon'ble Court may be pleased to

i. Issue a writ of mandamus or any other writ directing
the respondent No2 and 3 to afford sufficient and
adequate Police protection to the Petitioner and his
workers in nexus with the construction work site of
the Petitioner at BPCL STF Puthuvypeen.

ii. Pass such any other order, direction or reliefs as
this Hon'ble Court may deem fit in the interest of
justice, equity and good conscience.

Dated this the 27
th
day of November, 2012
Petitioner
P.S.ANISHAD
COUNSEL FOR THE PETITIONER.

INTERIM RELIEF SOUGHT FOR:-
For the reason state in the memorandum of Writ Petition
and accompanying affidavit, it is most respectfully
prayed that this Hon'ble Court may be pleased to grand
interim direction to the Respondents No 2 and 3 to
provide police protection for the completion of the
construction work as per the agreement and maintain the
status quo pending final disposal of this Writ Petition,
in the interest of justice, equity and good conscience.

Dated this the 27
th
day of November, 2012

P.S.ANISHAD
Counsel for the petitioner

BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM

W.P. (C) No of 2012

Jagalsan.M.B : Petitioner.

Vs.

State of Kerala & Ors : Respondents.

A F F I D A V I T

I, Jagalsan.M.B, aged 32 years, S/o. Bahuleyan, Residing
at Maniyalthazhathu House, Poovathussery PO,Annamanada,
Thrissur Dt., Pin-680741.Now Working as Site in Charge &
Supervisor, Candela Engineering Corporation, Door
No.III/246, Maniyattu Building,Kuruppampady PO.,
Perumbavoor-683545, do hereby solemnly affirm and state as
follows:-

1. I am the petitioner in the above writ petition. I know
the facts and circumstances of the case and I am competent
to swear this affidavit.
2. The exhibits produced along with the writ petition are
the true copies of the original documents.
3. I have not filed earlier petitions seeking similar
reliefs in respect of the subject matter of this Writ
petition.
All the above stated facts are true to the best of my
knowledge, information and belief.
Dated this the 27
th
day of November, 2012

DEPONENT
Solemnly affirmed and signed by the Deponent before me
this the 27
th
day of November, 2012, in my office at
Ernakulam.

ADVOCATE