Disposed

K.P.Baburajan v. District and Sessions Judge

Kerala HC19 Nov 2021WP(C)/12186/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition by quashing an order rejecting a clerk's registration. The court directed the petitioner to file a fresh renewal application within three weeks and ordered the lower authorities to decide on it within one month.

What did the court decide?

All proceedings leading to the impugned order set aside. Petitioner directed to file fresh renewal application within three weeks. First Respondent to decide within one month.

K.P.Baburajan Vs District and Sessions Judge — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA,

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WP(C) NO. 12186 OF 2021

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PETITIONER/S:

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K.P.BABURAJAN
AGED 47 YEARS
S/O. NARAYANAN N.V., KUDIYIRUPPU PARAMBA, NEAR
SOUTH L.P. SCHOOL, PAYYANNUR P.O. KANNUR
DISTRICT.

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BY ADVS.
M.SASINDRAN
SREEHARI INDUKALADHARAN

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RESPONDENT/S:

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1 DISTRICT AND SESSIONS JUDGE THALASSERY, KANNUR DISTRICT 670 101.

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2 THE SHERISTHADAR, SUB COURT, PAYYANNUR, KANNUR DISTRICT 670 307/.

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OTHER PRESENT:

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SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C). No. 12186 of 2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No.12186 of 2021

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Dated this the 19^th day of November, 2021

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JUDGMENT

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The above writ petition is filed with following prayers:

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“i) call for the records leading to Exhibit P4 quash the same by issuing a writ of certiorari or other writ, order or direction.

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ii) issue a writ of mandamus or other writ, order or direction commanding the 1^st respondent to renew the registration of petitioner under the Kerala Advocate Clerk Welfare Fund Act, 2004 within a time limit to be fixed by this Hon’ble Court and affording the petitioner an opportunity of being heard.

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iii) declare that petitioner is eligible for exemption from the qualification enumerated in Section 4 of Advocate Clerk Rule 2016.

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iv) award cost to the petitioner

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v) issue such other writ, order or direction as may be

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W.P.(C). No. 12186 of 2021

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necessary in the interest of justice.”

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The petitioner is aggrieved by an order rejecting an application filed by him for registration as Clerk by the 1^st respondent. According to the petitioner, he enrolled as an advocate clerk on 27.01.1997 under the provisions of the Kerala Advocate Clerk Welfare Fund Act, 2004. He was the registered clerk to Adv.Muralidharan, Payyannur, practicing at Kannur. According to the petitioner, the validity period of Ext.P1 Identity card for pleaders registered clerk has been extended till 2013. It is stated by the petitioner that due to an inadvertent mistake, the petitioner omitted to renew the period of registration. Hence, the petitioner filed an application before the District Judge, Thalassery to renew the registration of clerkship for the year 2021. The 1^st respondent rejected the application stating that the petitioner is not qualified as per Rule 4 of the Advocates Clerks Rule 2016 as the petitioner does not possess SSLC qualification. Aggrieved by the same, this writ

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W.P.(C). No. 12186 of 2021

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-4-

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petition is filed.

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When this writ petition came up for consideration on

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05.11.2021, this Court directed the registry to get a report from the District Judge, Thalassery about the reason for rejecting the application of the petitioner. The learned District Judge informed this Court that on 02.12.2020 the petitioner filed an application for new registration and not for renewal. It is also stated by the learned Judge that if the application filed on 02.12.2020 was for renewal he should have shown the Card number, column No.1, S.L.No/LF No. and column No.9, date of registration in the application, but nothing is mentioned in the application. It will be better to extract the relevant portion of the report submitted by the learned Judge.

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“Sri.K.P. Baburajan was a registered Advocate Clerk as per Card No. 211/1997 dated 27.01.1997 and the same was seen renewed upto 31.12.2013 as per the records of this Court. After 31.12.2013 he was not chosen to renew the registration for reasons

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W.P.(C). No. 12186 of 2021

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only known to him. On 01.12.2020 he filed application for new registration and not for renewal. If the application filed on 02.12.2020 was for renewal he should have shown the Card No., column No.1, S.L. No./ LF No. and column No.9, date of Registration in the application. But nothing is shown in the application filed on 02.12.2020 by the applicant and hence it is to be assumed that he has filed an application for new registration.

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Report submitted for favour of necessary action.”

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From the above report, it is clear that the petitioner

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submitted a fresh application for registration as clerk and not for renewing the application and that is why he invited Ext.P4 order. The counsel for the petitioner submitted that the petitioner will submit an application for renewal, in accordance to law, and there may be a direction to consider the same and pass appropriate orders. The counsel also submitted that for facilitating to pass such an order, the Ext.P4 may be quashed.

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W.P.(C). No. 12186 of 2021

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Heard the learned Government Pleader also. I think

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such an order can be passed.

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Therefore, this writ petition is disposed of in the following manner:

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All proceedings which leads to Ext.P4 are set aside.

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The petitioner is free to file a fresh application for renewal of clerkship, within three weeks from the date of receipt of a copy of this judgment along with all necessary documents.

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Once such an application is received, the 1^st respondent will consider the same and pass appropriate orders in it, in accordance to law, as expeditiously as possible, at any rate, within one month from the date of receipt of the renewal application.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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W.P.(C). No. 12186 of 2021

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APPENDIX OF WP(C) 12186/2021

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF` `PLEADERS REGIS` `THE PETITIONER`	`THE` `TERED` `NO.`	`IDENTITY CARD OF` `CLERK ISSUED TO` `211/1997.`
`Exhibit P2`	`A TRUE COPY OF` `25/KACWFC/03/2`	`THE` `004.`	`MEMBERSHIP CARD NO.`
`Exhibit P3`	`A TRUE COPY OF` `2.12.2020 SUBM` `BEFORE THE DIS`	`THE` `ITTED` `TRICT`	`APPLICATION DATED` `BY THE PETITIONER` `JUDGE, THALASSERY.`
`Exhibit P4`	`A TRUE COPY OF` `DATED 22.02.20` `SUB COURT, THA`	`NOTI` `21 IS` `LASSE`	`CE NO. DIS-380/2021` `SUED BY SHERISTADAR` `RY.`

K.P.Baburajan v. District and Sessions Judge

Case brief

What is this about?

What did the court decide?

K.P.Baburajan v. District and Sessions Judge

Case brief

What is this about?

What did the court decide?

What the court decided

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