Court : Kerala
Reported in : AIR1995Ker67
orderk. sreedharan, j.1. first petitioner is an organisation by name 'akhila kerala (hindu) chem-mar samajam', having registration no. 92/ 74. second petitioner is the general secretary of the said organisation. he has joined the original petition in his individual capacity as well.2. material averments made by petitioners in this original petition are to the following effect: members of chemman community are traditionally cobblers and are socially, economically and educationally very backward. they were treated to be untouchables like pulayas, sambavas, kuravas etc., who are listed among scheduled castes in kerala. chamar, mochi, semman and chak-kaliyan are all cobblers having the same social and economic status. all of them suffer from the stigma of untouchability and social disabilities. before the state reorganisation, chemman and chakaliyan were treated to be identical for purpose of grant of concessions. in the schedule to the scheduled castes/ scheduled tribes orders (amendment) bill, 1967, chemman community was included in the list of scheduled castes in the state of kerala. unfortunately, that bill was not passed. community by name 'semman' has been included as item no. 60 in the list of scheduled castes in kerala appended to the scheduled castes and scheduled tribes orders (amendment) act, 1976 (act 108 of 1976). word 'semman' is of tamil origin. even though in tamil they pronounce the word as 'semman', it is being written as 'chemman' in tamil as well. it is only .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker137
chandrasekhara menon, j. 1. m. p. a. no. 235 of 1977 is an appeal by the state of kerala and the custodian of vested forests, palghat from a common decision passed by the forest tribunal, calicut on two separate applications filed by two companies, m/s. amalgamated malabar estates (p) ltd., and the indian timber and plywood corpora-lion ltd., wherein they had prayed for a declaration that the eucalyptus plantations raised by them (in the case of the first company 180 hectares of land by name panikara malavaram situated in resurvey 1/i of puduppadi village, kozhikode taluk and in the case of the second company 340 hectares of land by name poithana malavaram of pallperuvanna village, quilandy taluk, kozhikode district) have not vested in the government under the kerala private forests (vesting and assignment) act, 1971, (hereinafter referred to as 'the act'). section 2 (f) of the act defines private forests. there is no dispute that the lands in respect of which the declarations were sought for in the two petitions are situated in the erstwhile malabar district and that the provisions of the madras preservation of private forests act, 1947, applied to these lands. the applicant-respondents in the applications pointing out that the eucalyptus plantations were raised by the applicants after obtaining the necessary permission from the district collector under the madras preservation of private forests act, had contended that such lands are not liable to be excluded from the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker251
k.t. koshi, c.j. 1. these three appeals have been placed before us for orders as to whether their proper venue is this court, or the respective district courts to which the courts which passed the judgments and decrees appealed against are subordinate. the question has arisen on account of the provision in section 13 of the kerala civil courts act, 1957 (president's act no. 1 of 1957) that 'where the amount or value of the subject matter of the suit does not exceed seven thousand and five hundred rupees, from the original decrees and orders of a subordinate judge's court shall, when such appeals are allowed by law, lie to the district court'.the kerala civil courts act repealed the madras civil courts act, 1873 (madras act 111 of 1873), as in force in the malabar district referred to in sub-section (2) of section 5 of the states reorganisation act, 1956 (xxxvii of 1956), and the travancore-cochin civil courts act, 1951 (xxii of 1951). the kerala civil courts act was enacted by the president on 10-1-1957, and a kerala gazette, extra-ordinary, dated 12-1-1957 published it.under section 1 (3) thereof the act was to come into force on such date as the government may by notification in the gazette, appoint and by a gazette extra-ordinary published on 7-2-1957 the government of kerala appointed 15th day of february, 1957 as the date on which the act shall come into force. these three appeals have been filed in this court after the date so appointed, a. s. nos. 104 and 105 on 18-2- .....
Tag this Judgment!Court : Kerala
Reported in : (1978)IILLJ278Ker
v.p. gopalan nambiyar, c.j.1. the learned judge against whose judgment this appeal has been preferred, dismissed the writ petition to quash ext. p6 award of the industrial tribunal, calicut. the dispute referred for adjudication was termination of service of one p. k. sreenivasan, checking inspector from 30-8-1971. the appellant before us under whom the writ petitioner was employed was a fleet owner who owned 32 stage carriages. by ext. p1 notice it gave notice of termination of eight out of seventeen checking inspectors. that notice set out that it was issued as the financial condition of the company needed certain economy measures (vide annexure to ext. p1). this was repeated in the individual notices issued to the workmen (vide ext. p2). in pursuance of the notices thus issued, eight of the juniormost workmen were retrenched. seven of them have accepted the notices and the compensation offered, and allowed the matter to rest. p. k. sreenivasan alone in respect of whom the industrial dispute was referred, chose to contest the matter and it was in respect of him that the matter went up before the industrial tribunal, calicut. exhibit p4 is the statement filed before the tribunal on behalf of p. k. sreenivasan. that took the plea that the retrenchment was an act of victimisation. exhibit p5 statement of the management pleaded that the termination was as a result of ' certain economy to reduce the working cost' (vide paragraph 2). in paragraph 8 again this aspect of the matter .....
Tag this Judgment!Court : Kerala
..... 52 to be in force in the whole of the then reorganized state of bombay). .....
Tag this Judgment!Court : Kerala
Reported in : AIR1957Ker102; 1957CriLJ852
koshi, c.j.1. the appellant has been convicted by learned addl. sessions judge of quilon for three distinct offences of murder under section 302 i. p. c. and for attempting to commit suicide, punishable under section 309 i. p. c. for each offence of murder she has been sentenced to undergo imprisonment for life and for that under section 309 to undergo simple imprisonment for one year with the direction that all the four sentences shall run concurrently. the case against the appellant was that she caused the death of three of her children one aged 7, the second aged 5 and the third aged one by throwing them into a well and that afterwards she herself jumped into it with a view to commit suicide. she was, however, rescued by passers-by who heard her cries from the well, but by the time the bodies of the children were recovered the children were all dead. the learned additional sessions judge found her guilty on all the four counts in the charge, convicted and sentenced her as stated above. the appeal is against these convictions and sentences.2. the occurrence took place on 14-4-1956 in kulasekharapuram shencottah now part of the madras state. the lower court pronounced its judgment on 7-6-1956 and the appeal was registered in the travancore-cochin high court on 18-10-1956. in the normal course the case should have been certified under section 66(2) of the states reorganisation act, 1956 (central act xxxvii of 1956) to be transferred to the high court of madras, but by .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker82
ordervaradaraja iyengar, j.1. this is a petition under article 228 of the constitution. the petitioner is a servant of the respondent statn of kerala. his complaint is that the service conditions which governed him while he was attached to the state of madras before he came over to the service of the respondent state as a result of the formation of kerala have been altered to his detriment by various orders of the respondent state. reliance is placed by the petitioner on section 115(7) of the states reorganisation act which prohibits such alteration except with the previous consent of the government of india. the state in counter affidavit has repudiated that petitioner has any cause of action for complaint and contended that the petition is not maintainable under the writ jurisdiction of this court.2. now there can be no doubt and it has been so held in numerons decisions that complaints as to service conditions by servants of the central or state governments are not amenable to judicial review under article 226 of the constitution. except in respect of matters governed by article 311, all the jural relations between the state and the subject are governed by article 310. and if under article 310 the servant's service is at the pleasure of the state, the servant cannot have any legal complaint on the score of mere change in the service conditions. it follows that the petition has necessarily to fail in limine. it is unnecessary in the circumstances to consider whether the .....
Tag this Judgment!Court : Kerala
in the high court of keralaat ernakulam present: the honourable mr.justice antony dominic & the honourable mr. justice alexander thomas wednesday, the25h day of march20154th chaithra, 1937 wa.no. 931 of 2012 () in wp(c).231/2008 ----------------------------------------- against the order/judgment in wp(c) 231/2008 of high court of kerala dated0902-2012 appellant(s)/petitioner: ---------------------------------------- s.muhammed ismail, s/o.late a.sulaiman rawther, residing at asr bunglow english church road, koppam amsom desom, palakkad taluk palakkad district, kerala. by advs.sri.g.hariharan sri.praveen.h. respondent(s)/respondents: ------------------------------------------------ 1. stateof kerala, represented by the chief secretary governmentsecretariat,thiruvananthapuram-695001.2. the secretary to government, department of forests and wild life governmentsecretariat,thiruvananthapuram-695001.3. the custodian and chief conservator of forests, thiruvananthapuram-695001.4. the conservatorof forests, aranya bhavan, olavakode, palakkad-678002.5. the divisional forest officer, nenmara, palakkad district, pin-678508.6. the forest range officer, kollangode, pin-678506. r1-r6 by adv. sri.m.p.madhavankutty, spl. govt. pleader for forest department this writ appeal having been finally heard on1501/2015, the court on2503-2015 delivered the following: wa no.931/12 appendix appellant's exhibits annexure i: true copy of the interim order dated31.2008 made in wpc no.231/2008. annexure .....
Tag this Judgment!Court : Kerala
in the high court of kerala at ernakulam present: the honourable the chief justice mr.ashok bhushan & the honourable mr.justice a.m.shaffique friday, the26h day of june20155th ashadha, 1937 wa.no. 650 of 2015 in wp(c).14524/2014 ------------------------------------------- against the judgment in wp(c) 14524/2014 dated1102-2015 .................. appellants/respondents2& 3 in wpc : --------------------------------------------------- 1. managing director, kerala state beverages corporation (manufacturing & nmarketing), p.b.no. 2263 sasthakripa office complex, sasthamangalam thiruvananthapuram - 685 010.2. general manager kerala state beverages (manufacturing & marketing) corporation limited p.b.no. 2263, sasthakripa office complex sasthamangalam, thiruvananthapuram - 695 010. by adv. sri.c.s.ajith prakash respondents/petitioner & 1st respondent in wpc : ------------------------------------------------------------------ 1. p.b.gopi, aged57years s/o.late bhaskaran p.o., helper, warehouse beverages corporation, chalakkudy, thrissur district, pin - 680 130.2. government of kerala represented by its secretary taxes department government secretariat thiruvananthapuram - 695 001. r1 by sri.babu joseph kuruvathazha r2 by sr.government pleader, sri.p.i. davis. this writ appeal having been finally heard on0806-2015, along with wa no.648 of2015and connected cases, the court on2606-2015 delivered the following: "cr" ashok bhushan, c.j.& a.m. shaffique, j.- - - - - - - - - - - - - - - - - - .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker1
chandrasekhara menon, j.1. these appeals have come before us on three separate orders of references by a division bench of this court passed on the same date/- 30-10-1979. reference order in m. f. a. nos. 209, 211, 212, 233 and 234 of 1979, reads as follows :--'in these appeals by the state one of the main questions we are called upon to decide is that covered by the decision of a full bench of this court in state of kerala v. amalgamated malabar estates (p) ltd., i.l.r. (1979) 2 ker 525 : (air 1980 ker 137). whether eucalyptus plantation falls outside the purview of the term 'private forest' as defined in the kerala private forests (vesting and assignment) act 26 of 1971 is the question that so arises. relying on the full bench decision the learned additional advocate general contends for the position that the orders of the forest tribunal have to be reversed. but counsel sri p. k. kurien appearing for the respondents in these cases canvasses the correctness of the decision of the full bench. elaborate arguments have been addressed by counsel before us on the scope of the term 'land which are principally cultivated with any other agricultural crop' appearing in sec, 2 (f) (1) (i) (g) of act 26 of 1971. in the case before the full bench adverted to earlier it was contended by counsel for the respondents that eucalyptus tree was just another species of tree capable of bearing fruits just like cashew tree or any other fruit bearing tree. it was also contended that the terms ' .....
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