Kerala High Court Dismisses PIL Seeking Abolition Of Kerala Administrative Tribunal

The petitioner sought the abolition of the Tribunal on the ground that the objectives of the tribunal, such as reduction of the workload of the High Court and the expenditure incurred by the Government in conducting cases in the High Court, were not materialized due to the decisions of the Tribunal being challenged before the High Court. The petitioner claimed that it thus imposed a heavy financial burden on the State's Exchequer and added expenditure, inconvenience, hardships to the litigants.

He thus sought a direction to be issued to the respondent authorities to the necessity, feasibility and desirability of continuing the Tribunal, and to take an appropriate decision as regards its continuance.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun however, dismissed the plea on taking note of the objection raised by the respondents that a similar issue had been dealt with by the Court in Sreekantan v. State of Kerala (2011), and Basil Attipetty v. Union of India (2012).

In Sreekandan (2011) the High Court had upheld the establishment of the Tribunal. 

“In view of the issue being covered by the aforesaid two decisions, nothing survives for further adjudication in this writ petition. Accordingly, the writ petition is dismissed,” the Court declared.

The plea was moved through Senior Advocate O.V. Radhakrishnan, and Advocate K. Rajesh Sukumaran. The respondents were represented by Central Government Counsel Suvin R. Menon, Senior Government Pleader T.K. Vipindas, and Advocates T.K. Ananda Krishnan, P. Bijimon, and R.T. Pradeep.

Case Title: K. Muraleedharan Nair & Anr. v. Union of India & Ors.

Citation: 2023 LiveLaw (Ker) 455

Case Number: WP(C) NO. 16002 OF 2013

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