PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-86157/2006.

22nd May 2014.

In exercise of the powers conferred by Article 225

of the Constitution of India and section 122 of the Code

of Civil Procedure, 1908 and of all other powers hereunto

enabling it in this behalf, the High Court of Kerala,

after previous publication in the Kerala Gazette

No. 25, Volume LVII, dated 19th June, 2012 as Notification

No. D1-86157/2006 dated 25th May, 2012, no objections or

suggestions having been received thereon and with the

previous approval of the Governor of Kerala vide

G. O. (Rt.) No. 1559/2013/Home, dated 10th June, 2013,

hereby makes the following further amendment to the

Rules of the High Court of Kerala, 1971, namely :—

AMENDMENTS

In the Rules of the Hight Court of Kerala, 1971,—

(i)

in Rule 19, the existing sub-rule (4) shall be

renumbered as sub-rule (5) and before sub-rule (5)

as so renumbered, the following sub-rule shall

be inserted, namely:—

“(4) The execution of vakalath other than those

covered by sub-rule (3) shall be made in the presence of

at least one witness. When a registered clerk signs as

witness to the execution of a vakalath, he shall affix his

full signature and legibly write his name along with the

register number alloted to him from the Registry of the

High Court”;

(ii) for rule 41, the following shall be substituted,

namely:—

“41. Papers to be filed with memoranda of

appeals:—Every memorandum of appeal shall be

accompanied by the following documents, namely:—

(a)

Certified copy of the judgement or order

appealed against.

(b)

Duly authenticated copy of petition, affidavit

including reply affidavit and annexures

thereto, in the case of Company Appeals.

(c)

Duly authenticated copy of the Writ Petition/

Original Petition, affidavits including counter

and reply affidavits and statements, if any,

filed in the Writ Petition/Original Petition and

annexures thereto, in the case of Writ

Appeals.

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JUDICIAL DEPARTMENT

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(d) As many clear authenticated copies of the

memorandum of appeal as there are

respondents to be served, two additional

copies with the documents mentioned in

clauses (a), (b) and (c) for the use of the

Court and in appeals where the State is a

respondent, two more copies for the use of

that respondent.

(e) Such papers as are referred to in the Code

with regard to Appeals.

(f) The fees prescribed for service of notice on

the respondent.

(g) The particulars for service as set out in Form

No. 3.

Provided that in the case of a memorandum of appeal

presented after the expiration of time limited by law, or

memorandum of appeal presented in forma pauperis, the

fees for the service of notice of the appeal may be paid

within seven days of the final order of the Court excusing

the delay or granting leave to file the said proceeding in

forma pauperis, as the case may be :

Provided further that one of the additional copies

filed for use of the Court shall be in ledger paper”;

(iii)

in Chapter IV, after rule 51, the following rule

shall be inserted, namely:—

“51A.

Letter instead of notice in certain cases—

notwithstanding anything contained herein above, the

Registry under the orders of the Honourable Chief Justice

or the Judge concerned may substitute for a notice, a

letter signed by the Registrar or such officer as the Chief

Justice may appoint in this behalf, where the respondent

is in its opinion of a rank entitling him to such mark of

consideration and issued in the case in his official

capacity. The letter shall contain all the particulars

required to be stated in a notice and shall be treated in all

respects as a notice”;

(iv)

in rule 129, in the second sentence after the

word “judgements” the words “ and decrees”

shall be inserted ;

(v)

in Chapter XI, for the existing title, the following

title shall be substituted namely:—

“PROCEEDINGS UNDER ARTICLES 226, 227 AND

228 OF THE CONSTITUTION”;

(vi)

in rule 145, for the words “or under both”, the

words and figures “or under Article 228”, shall

be inserted ;

(vii)

in rule 148A, after the words and figuers “An

application under Article 226 or 227”, the words

and figures “or 228” shall be inserted ;

(viii)

in sub rule (2) of rule 150, after the words and

figures “Any motion for interim relief at the time

of admission may be made in the application

under Article 226 or 227”, the words and figures

“or 228”, shall be inserted;

(ix)

after rule 157, the following rule shall be

inserted, namely:—

“157 A.

Transmission of order of costs for

execution—Where costs have been awarded by the Court

in a proceeding to which these rules apply or an appeal

therefrom but have not been paid, the person entitled to

such costs may apply to the Court for execution of the

order. The application shall be accompanied by an

affidavit stating the amount of costs awarded and the

amount remaining unpaid. The Court may direct the order

to be sent to the District Court of the District in which

the order is to be executed. The order may be executed

by such court as if it is a decree for costs passed by

itself or transferred for execution to any subordinate

Court”.

By order,

S. JAGADEES,

Registrar General.

Explanatory Note

(This does not form part of the notification, but is

intended to indicate its genteral purport.)

Instances have come to the notice of the High Court

that the vakalatnamas are executed and filed in the High

Court in a manner not conducive for identifying and

reaching out at unlawful practices. The High Court after

considering the matter in all its detail, decided to bring in

appropriate amendments to rule 19 of the Rules of the

High Court of Kerala. The existing rules do not provide

for the production of certified copy of the impugned

order and copy of Original Petition along with the

Memorandum of Appeal. Rule 41 is amended to overcome

the shortcoming. There is no rule corresponding to

Order V, Rule 30 of the Code of Civil Procedure, 1908 in

the Rules of the High Court of Kerala, 1971. This has

often created difficulty while issuing notice to various

dignitaries. The object of inserting rule 51A is to enable

the High Court to issue letters in lieu of notice to certain

dignitaries in proceedings in which they are made parties.

Rule 129 of the Rules of the High Court of Kerala, 1971,

enables to provide copies of judgements even to third

parties without the orders of the court. Rule 129 is

amended as it is felt that the provision applicable to

judgements shall be extended to decrees also, so that

individual applications for issuance of copies of decrees

need not be sent to the Bench for orders. Chapter XI of

the Rules of the High Court of Kerala, 1971 mentions the

procedure with respect to the proceedings filed under

Article 226 and 227 of the Constitution of India. But

there is no provision in the said Rules with respect to a

petition filed under Article 228 of the Constitution. The

High Court of Kerala in its order dated 22-8-2011 in an

unnumbered Original Petition has highlighted the necessity

17th JUNE 2014]

JUDICIAL DEPARTMENT

59

of such a rule. The object of amending Rules 145, 148A

and 150 is to lay down the procedure with respect to

petitions filed under Article 228 of the Constitution. The

existing rules do not contain provisions for realisation of

costs awarded by the High Court in Writ Petitions, where

it remains unpaid. The High Court in CRP 747/2008, while

dealing with such an issue had observed that an execution

petition for the execution of the order for payment of

costs passed by the High Court cannot be entertained by

a civil court, unless the High Court issues a specific

direction to that effect and that it is expedient to frame

specific rules to facilitate the execution of such orders.

Rule 157 A is inserted to achieve this objective.

The notification is intended to achieve the above

object.

Proceedings of the Chief Judicial Magistrate, Kottayam

(Present:—Smt. V. S. Bindhukumari, M. A., LL. M.,

Chief Judicial Magistrate)

Sub :—Judicial Department—Transfer and posting of

Judicial Officers—Defining jurisdiction—

Notification issued.

Read:—High Court Order No. B1-59/14 (3) dated

29-4-2014.

Notification No. E-3042/2014 dated 19-5-2014

In exercise of the powers conferred upon the

undersigned u/s. 14(1) Cr. P. C. (Central Act 2 of 1974)

the Chief Judicial Magistrate, Kottayam, hereby defined

the area shown in Col. II of the schedule hereto attached

as the local area within which the Magistrates mentioned

in Column I have jurisdiction. This order will take effect

from the date of their joining of duty.

Name and Designation

Area of

of the Magistrate

jurisdiction

I

II

1. Shri Udayakumar, V,

1st and 2nd class jurisdict-

JMFC-

ion over the area comprised

Changanacherry

within

the

limits

of

Vakathanam, K a r u k a c h a l

and

Thrikodithanam,

Changanacherry

and

Chingavanam Police Station.

Excise Range and Circle

Changanacherry, Railway

Police

Station,

Changanacherry.

2. Shri Sudhakanth, R.,

1st and 2nd class jurisdict-

JMFC-I, Vaikom

ion over the area comprised

within the limits of Vaikom,

Vellore, Kaduthuruthy &

Thalayolaparambu Police

Stations. Excise Range,

Vaikom & Kaduthuruthy.

(Sd.)

Chief Judicial Magistrate.