STATE OF KERALA & ANR. versus PROF. D. GOPALAKRISHNA PILLAI & ORS.
The case must be decided by the High Court in line with Supreme Court judgments in P V Neelakandan and C.A. No. 2907 of 2005 as they cover identical issues.
Source-derived case information.
- Parties
- Appellant: State of Kerala; Respondent: Prof. D. Gopalakrishna Pillai
- Jurisdiction
- India
- Judgment Date
- 30 September 2008
- Procedural Posture
- Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court
- Outcome
- Appeal disposed of; matter remitted to Division Bench of High Court.
- Legal Topics
- Writ Petition, Precedent, Remand
Source-derived case record
Summary, issues, holding and outcome
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Parties
State of Kerala
Appellant
Prof. D. Gopalakrishna Pillai
Respondent
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court
Legal Issues
- 1 Whether the writ appeal should have been decided in light of the Supreme Court's decision in State of Kerala v. P V Neelakandan and C.A. No. 2907 of 2005
Ratio Decidendi
The case must be decided by the High Court in line with Supreme Court judgments in P V Neelakandan and C.A. No. 2907 of 2005 as they cover identical issues.
Court Disposition
Appeal disposed of; matter remitted to Division Bench of High Court.
Orders
- Matter remitted to High Court for fresh hearing and decision in light of Supreme Court judgments in P V Neelakandan 2005 (5) SCC 561 and C.A. 2907 of 2005.
Full Case Text
Judgment text and source record
42 paragraphs
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[2008] 14 S.C.R. 51
STATE OF KERALA & ANR. v. PROF. D. GOPALAKRISHNA PILLAI & ORS. (Civil Appeal No. 5907 of 2008)
SEPTEMBER 30, 2008
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.)
A
B
Precedent - Writ petition - Allowed by Single Judge as well as Division Bench of High Court - State placing reliance c on judgment of Supreme Court in an identical matter - Re- mitted to Division Bench o High Court to decide the issue on · the basis of the decided cases in identical matters.
State of Kera/a v. P V Neelakandan 2005 (5) SCC 561 -
relied on.
D
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5907
of 2008
From the final Judgment and Order dated 19.7.2005 of the
High Court of Kerala, at Ernakulam in W.A. No. 1432 of 2005
E
C.A. No. 5908 of 2008
WITH
'-.;
T.L.V. Iyer, G. Prakash and Beena Prakash for the Appel-
Ian ts.
P.K. Manhohar for the Respondent.
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted.
2. Challenge in these appeals is to the judgment of a Divi- sion Bench of the Kerala High Court dismissing the appeal filed by the State. Before the High Court it was contended that the decision of the full Bench of the High Court in Accountant Gen- 51
F
G
H
I-·
52
SUPREME COURT REPORTS
[2008] 14 S.C.R.
A era/ v. Kunjamma [2003 (3) KLT 345] relied on by learned Single Judge was in appeal before this Court and an order of stay of the said Court had been passed. But, the High Court was of the view that in view of the decision of the Full Bench the writ appeal was without merit.
B
3. It is submitted that the High Court's judgment is dated 19.7.2005, while the identical issue came up for consideration in State of Kera/a v. PV Neelakandan [2005(5) SCC 561], which was decided on 11.7.2005.
c
4. Learned counsel for the appellant submitted that the view expressed in C.A. No. 2907 of 2005 decided on 22.2.2007 has also relevance.
5. We are of the view that the case at hand needs to be decided in line with what has been stated in P V Neelakandan's D case (supra) and in C.A. 2907 of 2005. We, therefore, remit the matter to the High Court to hear the matter afresh and decide the writ appeal in the light of what has been stated by this Court in the aforesaid two decisions .
. 6. The appeal is disposed of accordingly.
E
K.K.T.
Appeals disposed of.