PART III

Judicial Department

THE HIGH COURT OF KERALA

NOTIFICATION

No. D1-8845/2010.

9th January 2015.

In exercise of the powers conferred by Article 225 of

the Constitution of India, Section 122 of the Code of

Civil Procedure, 1908 (Central Act 5 of 1908) and all

other powers enabling it in this behalf, the High Court of

Kerala, after previous publication in the Kerala Gazette

No.10, Volume III, dated 11th March, 2014 as notification

No. D1-8845/2010, dated 13th February, 2014, and with

the previous approval of the Government of Kerala

conveyed in G.O.(Ms.) No.209/2014/Home, dated

18th October, 2014, hereby makes the following further

amendment to the Rules of the High Court of Kerala,

1971, namely:

AMENDMENTS

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

after rule 146, the following rules shall be inserted,

namely:—

“146A: Affidavits in Public Interest Litigation-A

person filing a Public Interest Litigation, in addition to

the requirements stipulated in the other rules of this

chapter, shall precisely and specifically affirm in the

affidavit to be sworn to by him the public cause he is

seeking to espouse, that he has no personal or private

interest in the matter, that there is no authoritative

pronouncement by the Supreme Court or the High Court

on the question raised and that the result of the litigation

shall not lead to any undue gain to himself or to anyone

associated with him.

146B: Costs in Public Interest Litigation—

Notwithstanding anything contained in these rules, the

court may direct the petitioner in a Public Interest

Litigation to pay such amount as may be fixed by the

Court as compensation or costs to all or any of the

respondents, in the event of the litigation being found to

be vexatious, frivolous or malafide.”

By order,

S. JAGADEES,

Kochi.

Registrar General.

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KERALA GAZETTE

[PART III

Explanatory Note

(This does not form part of the notification but is

intended to indicate its general purport.)

The Honourable Supreme Court of India in its

Judgment in C.A. Nos. 1134-1135/02 had observed that

the process of Court is frequently abused in the name of

Public Interest Litigation and had directed all the

High Courts to frame rules to prevent the same.

Accordingly, the High Court has considered the matter

and decided to amend the rules. The notification is

intended to achieve the above object.

Office of the Chief Judicial Magistrate, Thrissur

NOTIFICATION

No. B3-15812/2014.

5th January 2015.

Sub:—Investiture of powers-Honorary Special Judicial

Magistrate of the Second Class (Railways),

Shornur to take cognizance of Offences under

section 190(1) of the Code of Criminal

Procedure 1973 (Central Act 2 of 1974)-

Notification issued.

Ref:—Notification No. B4-34504/2014 dated, 23-12-2014

of the Hon’ble High Court of Kerala, Ernakulam.

In exercise of the powers conferred by proviso to

Sub-section (2) of Section 190 of the Code of Criminal

Procedure 1973 (Central Act 2 of 1974) the Chief Judicial

Magistrate, Thrissur hereby specifically empowers the

Judicial Magistrate of the Second Class (Railways),

Shornur in the Schedule shown below to take cognizance

under section 190 (1) of the Code of Criminal Procedure

of such offences of person travelling without a proper

pass or ticket over any part of Southern Railway within

the district of Thrissur or committing in any part of the

said Railway in the said area or committing any of the

offences falling under section 137 to 139,141 and 142,

144 to 147, 155 to 157, 159, 162, 163, 166 and 167 of the

Indian Railways Act 1989 (Central Act 24 of 1989) for a

period of one year with effect from the date of

assumption of charge.

SCHEDULE

I

II

Sri K. V. Vasudevan,

Honorary Special Judicial

Kunnath House,

Magistrate of

Vadanamkurussi P. O.,

Second Class

Via Shornur,

(Railways), Shornur

Palakkad-679 214

NIXON M. JOSEPH,

Chief Judicial Magistrate.

Chief Judicial Magistrate Court, Palakkad

NOTIFICATIONS

(1)

No. C-10051/2014.

5th January 2015.

In exercise of the powers conferred by

section 14 (1) of the Code of Criminal Procedure, (Central

Act 2 of 1974) the Chief Judicial Magistrate, Palakkad

hereby define the area within which invested by the High

Court of Kerala for one year with effect from 5-1-2015.

SCHEDULE

I

II

Sri K.V. Vasudevan,

Area comprised within the

Honorary Special

Jurisdiction of the Honorary

Judicial Magistrate of

Special Judicial Magistrate of

Second Class

Second Class (Railways)

(Railways), Shoranur.

in the district of Palakkad.

(2)

No. C-10051/2014.

5th January 2015.

Sub:—Investiture of powers-Honorary Special Judicial

Magistrate of Second Class (Railways), Shoranur to

take cognizance of Offences under section 190 (1)

of the Code of Criminal Procedure 1974—Orders

issued.

In exercise of the powers conferred by provision of

sub-section (2) of Section 190 of the Code of Criminal

Procedure 1973 (Central Act 2 of 1974), the Chief Judicial

Magistrate, Palakkad hereby specifically empowers the

Special Judicial Magistrate of Second Class (Railways),

Shoranur in the Schedule shown below to take cognizance

under section 190 (1) of the said Code of such offences

of persons travelling without proper pass or ticket over

any part of Southern Railway within the district of

Palakkad or committing in any part of the said Railway in

the above said area any of the offences falling under

section 137 to 139, 141 and 142, 144 to 147, 155 to 157,

162, 163, 166 to 167 of the Indian Railways Act 1989

(Central Act 24 of 1989) for a period of one year with

effect from the fore noon of 5-1-2015.

SCHEDULE

I

II

Sri K.V. Vasudevan,

Honorary Special

(Retired Spl. Deputy Collector)

Judicial Magistrate

Kunnath House,

of Second Class

P. O. Vadanamkurussi,

(Railways),

Via Shoranur,

Shornur

Palakkad-679 214

Court of the Chief Judicial

K. E. SALIH,

Magistrate, Palakkad.

Chief Judicial Magistrate.

308