Kerala High Court
Encyclopedia
High Court of Kerala is the highest court in the Indian state of Kerala
Kerala
or Keralam is an Indian state located on the Malabar coast of south-west India. It was created on 1 November 1956 by the States Reorganisation Act by combining various Malayalam speaking regions....

 and in the Union Territory
Union Territory
A Union Territory is a sub-national administrative division of India, in the federal framework of governance. Unlike the states of India, which have their own elected governments, union territories are ruled directly by the federal government; the President of India appoints an Administrator or...

 of Lakshadweep
Lakshadweep
Lakshadweep , formerly known as the Laccadive, Minicoy, and Amindivi Islands, is a group of islands in the Laccadive Sea, 200 to 440 km off the coast of the South West Indian state of Kerala...

. The High Court of Kerala is headquartered at Kochi. Drawing its powers from the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...

, the High Court has the power to issue directions, orders and writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

s including the writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...

, prohibition
Prohibition (writ)
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...

, quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...

and certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

for ensuring the enforcement of the Fundamental Rights
Fundamental Rights in India
'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India...

 guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original, appellate
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

 and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

s. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction.

At present, the sanctioned Judge strength of the High Court of Kerala is 27 Permanent Judges including the Chief Justice and 12 Additional Judges. Depending on the importance and nature of the question to be adjudicated, the judges sit as Single (one judge), Division (two judges), Full (three judges) or such other benches of larger strengths.

The foundation stone for the new multi-storied building now housing the High Court of Kerala was laid on 14 March 1994 by the then Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....

, Justice M. N. Venkatachaliah. The estimated cost of construction was ten crore
Crore
A crore is a unit in the Indian number system equal to ten million , or 100 lakhs. It is widely used in India, Bangladesh, Nepal, and Pakistan....

 Indian rupees. The construction was completed in 2005 at a cost of eighty-five crore Indian rupees. The completed High Court building was inaugurated by the Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....

, Justice Y. K. Sabharwal
Yogesh Kumar Sabharwal
-Career:Sabharwal worked as an advocate for Indian Railways from 1969 to 1981, as an advocate for Delhi administration from 1973 to 1976-1977, later as Additional Standing Counsel and then as Standing Counsel. He also served as Counsel to the Central Government from 1980 to 1986...

 on 11 February 2006. The new High Court building is equipped with modern amenities like videoconferencing
Videoconferencing
Videoconferencing is the conduct of a videoconference by a set of telecommunication technologies which allow two or more locations to interact via two-way video and audio transmissions simultaneously...

, air conditioned
Air conditioning
An air conditioner is a home appliance, system, or mechanism designed to dehumidify and extract heat from an area. The cooling is done using a simple refrigeration cycle...

 courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...

s, intranet
Intranet
An intranet is a computer network that uses Internet Protocol technology to securely share any part of an organization's information or network operating system within that organization. The term is used in contrast to internet, a network between organizations, and instead refers to a network...

, facilities for retrieval of order copies and publishing of the case status via the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

. The building is built on 5 acres (20,234.3 m²) of land and has a built-up area of 550000 square feet (51,096.7 m²) over nine floors. The building has in it a post office, bank, medical clinic, library, canteens and such other most needed utilities and services. The High Court of Kerala has moved to its new building from the date of its inauguration, from the adjacent Ram Mohan Palace, where it had been functioning.

History of Judicial System in the State of Kerala

The present State of Kerala
Kerala
or Keralam is an Indian state located on the Malabar coast of south-west India. It was created on 1 November 1956 by the States Reorganisation Act by combining various Malayalam speaking regions....

 is result of integrating the erstwhile princely kingdoms of Travancore
Travancore
Kingdom of Travancore was a former Hindu feudal kingdom and Indian Princely State with its capital at Padmanabhapuram or Trivandrum ruled by the Travancore Royal Family. The Kingdom of Travancore comprised most of modern day southern Kerala, Kanyakumari district, and the southernmost parts of...

 and Cochin
Kingdom of Cochin
Kingdom of Cochin was a late medieval Hindu kingdom and later Princely State on the Malabar Coast, South India...

 with Malabar district
Malabar District
Malabar District was an administrative district of Madras Presidency in British India and independent India's Madras State. The British district included the present-day districts of Kannur, Kozhikode, Wayanad, Malappuram, Palakkad , and Chavakad Taluk of Thrissur District in the northern part of...

 and Kasaragod
Kasaragod district
Kasaragod District is one of the districts of the Indian state of Kerala. Kasaragod District was organised as a separate district on 24 May 1984...

. The present judicial system in Kerala has its roots dating back to the days of the monarchs of the Kingdoms of Travancore and Cochin.

In 1811, following the 1808 insurrection against British Cochin and Quilon
Kollam
Kollam , often anglicized as ', is a city in the Indian state of Kerala. The city lies on the banks of Ashtamudi Lake on the Arabian sea coast and is situated about north of the state capital, Thiruvananthapuram...

, Colonel H. M. Munro succeeded Colonel Macaulay as the Resident in Travancore with supervision over the Kingdom of Cochin. Following an investigation into the rampant lawlessness and the abuse of the system, Colonel Munro surveyed the region with his assistant Captain Blacker and established reforms including courts, pensions, construction of roads, bridges and schools. He functioned as the Diwan until February 1818 when he handed over the reins to Nanjappayya of Coimbatore
Coimbatore
Coimbatore , also known as Kovai , is the second largest city in the Indian state of Tamil Nadu. It is a major commercial centre in Tamil Nadu and is known as the "Manchester of South India"....

. Thus it was Colonel Munro laid the foundations for a systematic legal system, resulting in the present day scenario. Until his time, there were no independent tribunals for the administration of justice.

Judicial System in the Kingdom of Travancore

In the Kingdom of Travancore
Travancore
Kingdom of Travancore was a former Hindu feudal kingdom and Indian Princely State with its capital at Padmanabhapuram or Trivandrum ruled by the Travancore Royal Family. The Kingdom of Travancore comprised most of modern day southern Kerala, Kanyakumari district, and the southernmost parts of...

, Colonel Munro recommended necessary regulations to be passed for the reorganisation of the Courts. These recommendations were accepted by the then Travancore
Travancore
Kingdom of Travancore was a former Hindu feudal kingdom and Indian Princely State with its capital at Padmanabhapuram or Trivandrum ruled by the Travancore Royal Family. The Kingdom of Travancore comprised most of modern day southern Kerala, Kanyakumari district, and the southernmost parts of...

 monarch and a Regulation in tune to his recommendations was passed in 1811. Zilla Courts and a Huzur Court were established in the Kingdom of Travancore, in the years 1811 and 1814 respectively. Huzur Court, which functioned as the final appellate Court was later replaced by Sadar Court in 1861. Sadar Court, which possessed almost all the powers of the present High Court of Kerala, continued functioning until 1881. Later in 1887, the High Court of Travancore was established with bench strength of five judges. One among the five judges was appointed as the Chief Justice. The judges had the assistance of a Pundit, who acted like an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...

 to advice them on the various points of Hindu law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...

. Mr. Ramachandra Iyer was appointed as the first Chief Justice, at his prime age of 35.

Judicial System in the Kingdom of Cochin

In the Kingdom of Cochin
Kingdom of Cochin
Kingdom of Cochin was a late medieval Hindu kingdom and later Princely State on the Malabar Coast, South India...

, Desavazhis and Naduvazhis were empowered to settle the disputes following the prevailing customary law. More serious matters used to be attended by the monarch himself. In 1812, for the first time in its history, graded law courts were established under the Diwanship of Colonel Munro, in the Kingdom of Cochin. The first Subordinate Courts (Sub Courts) were established by Colonel Munro at Trichur
Thrissur
This article is about the city in India. For the district, see Thrissur district. For the urban agglomeration area of Thrissur see Thrissur Metropolitan Area...

 (Thrissur) and Tripunithura. Until 1835, Huzur Court was the final appellate Court. Huzur Court had a bench strength of three judges. Later the Huzur Court was reconstituted as Rajah's Court of Appeal and Subordinate Courts were reconstituted as Zilla Courts. The Zilla Courts were empowered with unlimited jurisdiction, but subject to the confirmation from the Rajah's Court of Appeal. The Rajah's Court of Appeal was reconstituted as the Chief Court of Cochin in 1900. The Chief Court of Cochin had three permanent judges one of whom acted as the Chief Judge. Mr. S. Locke was appointed as the first Chief Judge. Later the Chief Court of Cochin was reconstituted as the High Court, during the Diwanship of Sri. Shanmukham Chettiyar.

After the integration of Travancore and Cochin Kingdoms

After India gained her independence on 15 August 1947, the Kingdoms of Travancore and Cochin were integrated to form the Travancore-Cochin
Travancore-Cochin
Travancore-Cochin or Thiru-Kochi is a former state of India . It was created on 1 July 1949 by the merger of two former princely states, the kingdoms of Travancore and Cochin....

 State or Thiru-Kochi on 1 July 1949. Later, the High Court of Travancore-Cochin was established at Ernakulam
Ernakulam
Ernakulam refers to the downtown area or the western part of the mainland of Kochi city in Kerala, India. The city is the most urban part of Kochi and has lent its name to the Ernakulam district. Ernakulam is called the commercial capital of the state of Kerala and is a main nerve of business in...

 on 7 July 1949 under the Travancore-Cochin High Court Act (1949). Mr. Puthupally Krishna Pillai was the last Chief Justice of High Court of Travancore-Cochin.

Establishment of High Court of Kerala

On 1 November 1956, the States Reorganisation Act
States Reorganisation Act
The States Reorganisation Act of 1956 was a major reform of the boundaries and governance of India's states and territories. The act reorganised the boundaries of India's states along linguistic lines, and amended the Indian Constitution to replace the three types of states, known as Parts A, B,...

, 1956 was passed thereby integrating the State of Travancore-Cochin
Travancore-Cochin
Travancore-Cochin or Thiru-Kochi is a former state of India . It was created on 1 July 1949 by the merger of two former princely states, the kingdoms of Travancore and Cochin....

 with Malabar district
Malabar District
Malabar District was an administrative district of Madras Presidency in British India and independent India's Madras State. The British district included the present-day districts of Kannur, Kozhikode, Wayanad, Malappuram, Palakkad , and Chavakad Taluk of Thrissur District in the northern part of...

 and Kasaragod
Kasaragod district
Kasaragod District is one of the districts of the Indian state of Kerala. Kasaragod District was organised as a separate district on 24 May 1984...

 to form the present State of Kerala. The High Court of Kerala, as it is today was established on 1 November 1956 as the High Court designated for the State of Kerala. The Kerala High Court Act, 1958 defined the jurisdiction and various functions, and powers of the High Court of Kerala. Initially, many cases from both the Travancore-Cochin High Court and the High Court of Madras were transferred to the High Court of Kerala for adjudication. Justice K. T. Koshi was appointed as the first Chief Justice of High Court of Kerala.

Judges

1 Manjula Chellur Acting Chief Justice
2 C. N. Ramachandran Nair Permanent Judge 1 October 2012
3 Pius C. Kuriakose Permanent Judge 2 October 2013
4 A. K. Basheer Permanent Judge 1 July 2011
5 R. Basant Permanent Judge 5 May 2012
6 K. M. Joseph Permanent Judge 19 June 2020
7 Thottathil B. Radhakrishnan Permanent Judge 29 April 2021
8 V. Ramkumar Permanent Judge 7 May 2012
9 K. Hema Permanent Judge 23 March 2013
10 M. Sasidhraran Nambiar Permanent Judge 3 January 2013
11 K. T. Sankaran Permanent Judge 25 December 2016
12 S. Siri Jagan Permanent Judge 22 January 2014
13 T. R. Ramachandran Nair Permanent Judge 30 January 2015
14 Antony Dominic Permanent Judge 30 May 2018
15 Harun Al Rashid Permanent Judge 5 October 2014
16 V. K. Mohanan Permanent Judge 6 August 2015
17 P. N. Raveendran Permanent Judge 29 May 2018
18 M.C.Hari Rani Permanent Judge 26 October 2011
19 Thomas P. Joseph Permanent Judge 19 July 2014
20 K. Surendra Mohan Additional Judge
21 P. R. Ramachandra Menon Additional Judge
22 C.K. Abdul Rehim Additional Judge
23 C. T. Ravi Kumar Additional Judge
24 P. Bhavadasan Additional Judge
25 S.S. Satheesachandran Additional Judge
26 M.L. Joseph Francis Additional Judge
27 P.S. Gopinathan Additional Judge
28 P.Q. Barkath Ali Additional Judge

Past Chief Justices

Sl No Name of the Chief Justice From To
1 K. T. Koshi 12 September 1944 30 Januvary 1959
2 K. Sankaran
3 Mohammed Ahmed Ansari 29 March 1960 26 November 1961
4 M. S. Menon
5 P. T. Raman Nair
6 T. C. Raghavan
7 P. Govindan Nair
8 V. P. Gopalan Nambiyar
9 V. Balakrishna Eradi
Justice V. Balakrishna Eradi
Vettath Balakrishna Eradi was a Judge of Supreme Court of India. He also served as the Chief Justice of the Kerala High Court and as President of the National Consumer Disputes Redressal Commission and the Chairman of Ravi & Beas Waters Disputes Tribunal...

1980 1981
10 P. Subramonian Poti
11 K. Bhaskaran
12 V. S. Malimath
13 V. S. Malimath
14 M. Jagannadha Rao
M. Jagannadha Rao
Justice M. Jagannadha Rao B.Sc., L.L.B. was Chief Justice of Kerala High Court and Delhi High Court and Judge of Supreme Court of India.-Brief Lifesketch:...

1991 1994
15 Sujata V. Manohar
16 M. M. Pareed Pillay
17 U. P. Singh
18 Om Prakash
19 Arijit Pasayat
21 Arvind Vinayakarao Savant
22 K. K. Usha
23 B. N. Srikrishna
24 Jawahar Lal Gupta
25 N K Sodhi
26 B. Subhashan Reddy
27 Cyriac Joseph (Acting Chief Justice)
28 Rajeev Gupta
29 V. K. Bali
30 K. S. Radhakrishnan (as Acting Chief Justice)
31 H L Dattu
32 S R Bannurmath
33 Jasti Chelameswar

Controversy

The High of Kerala building in Kochi had not assigned Number 13 to any of its courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...

s due to triskaidekaphobia
Triskaidekaphobia
Triskaidekaphobia is fear of the number ; it is a superstition and related to a specific fear of Friday the 13th, called paraskevidekatriaphobia or friggatriskaidekaphobia.The term was first used by Isador Coriat in Abnormal...

. This created a controversy in Kerala as the state prides itself on being the most literate in India. A petitioner questioned this in Kerala High Court itself whether it was due to superstitious beliefs, as the room numbering skipped from 12 to 14. After hearing this petition, the High Court not only dismissed it, but imposed a fine of Rs
Indian rupee
The Indian rupee is the official currency of the Republic of India. The issuance of the currency is controlled by the Reserve Bank of India....

. 10,000 on the petitioner. Later, the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

 overruled the High Court’s decision admonishing the encouragement of superstitions, "The High Court is an institution. It should not be allowed to encourage this sort of superstitions,"

External links

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