The High Court disposed of two writ appeals challenging the constitutionality of the Munnar Special Tribunal. Relying on an Ordinance in 2019 that repealed the Special Tribunal Act and transferred cases to civil courts, the court held no substantive issue remained for consideration.
The writ appeals were disposed of as the repealed Act could no longer be challenged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944
WA NO. 353 OF 2011
AGAINST THE JUDGMENT IN WPC 3241/2011 OF HIGH COURT OF KERALA DATED 22.2.2011
APPELLANTS/PETITIONERS:
BY ADV. SRI.K.RAMAKUMAR (SR.)
SMT.SMITHA GEORGE
RESPONDENTS/RESPONDENTS:
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WA.430/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.353/2011 & 430/2011
:: 2 ::
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944
WA NO. 430 OF 2011
AGAINST THE JUDGMENT IN WPC 892/2011 OF HIGH COURT OF KERALA DATED 22.2.2011
APPELLANTS/PETITIONERS:
BY ADV SRI.RAJU K.MATHEWS
RESPONDENTS/RESPONDENTS:
STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM-695 001.
SRI.TEK CHAND, GOVT. PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.11.2022, ALONG WITH WA.353/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.353/2011 & 430/2011
:: 3 ::
JUDGMENT [W.A.Nos.353 & 430 of 2011]
Dated this the 23rd day of November 2022
S.MANIKUMAR, C.J.
Since the issues involved in both these writ appeals are common, they are heard and disposed of by this common judgment.
WA Nos.353/2011 & 430/2011
:: 4 ::
repealed. It is further directed therein to transfer all disputes and cases pending before the Munnar Special Tribunal to the Civil Courts having jurisdiction or to the High Court, as the case may be.
reproduced:
WA Nos.353/2011 & 430/2011
:: 5 ::
WA Nos.353/2011 & 430/2011
:: 6 ::
nothing survives in these writ appeals for consideration. Writ appeals are disposed of.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
1 issue framed by the court
Whether the Munnar Special Tribunal Act, 2010 was constitutionally valid.
Babu George and others
Anil Jacob Yamuna and others
State of Kerala and others
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
