Lawyers’ resolution on Kerala CJ order

As may as 60 advocates, led by former Advocate-General M.K. Damodaran, had requested the Association to convene an extraordinary general body meeting.

It was pointed out that, as per the Kerala HC Act and Rules, the petition challenging fee structure, filed by Pushpagiri Medical Society, Thiruvalla, ought to have been listed before a single judge having jurisdiction to hear the subject.

During the hearing, the brother judge disagreed with the view expressed and the order proposed to be made by the Chief Justice. It was pointed out that when two judges on a bench differ on orders, they should deliver separate judgements and thereupon the CJ should refer the matter to another judge, and the order subscribed by the majority would prevail. Instead, the matter was placed before the full bench the same afternoon even before reference order was made known to parties to the litigation, and an order was passed in favour of the petitioner.