Ajay Kumar at 21:54, 29 August 2023

2023-08-29T21:54:16Z

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{{short description|High Court in Kerala, India}}
{{EngvarB|date=April 2013}}
{{Use dmy dates|date=March 2022}}
{{Infobox high court
| court_name = High Court of Kerala
| logo =
| image =
| image2 = High Court of Kerala Building.jpg
| imagesize = 70
| caption = High Court Building
| established = {{start date and age|1956|11|1|df=yes}}
| jurisdiction = [[Kerala]]<br/>
[[Lakshadweep]] ([[union territory]])
| country = {{flagu|India}}
| location = [[Kochi]], [[Ernakulam]], [[Kerala]]
| coordinates = {{Coord|09|59|10|N|76|16|30|E|type:landmark_region:IN|display=inline,title}}
| type = [[President of India|Presidential]] with [[advice and consent|confirmation]] of [[Chief Justice of India]] and [[Governors of states of India|Governor of respective state]].
| authority = [[Constitution of India]]
| appeals = [[Supreme Court of India]]
| terms = Mandatory retirement by age of 62
| positions = Permanent Judges: 35 (including CJ)<br/>
Additional Judges: 12
| chiefjudgetitle = [[Chief Justice|Chief Justice of Kerala]]
| chiefjudgename = [[Ashish Jitendra Desai]]
| termend =
| termstart = 22 July 2023
| website = [https://hckerala.gov.in/ hckerala.gov.in]}}
{{Courts of India}}
The '''High Court of Kerala''' is the [[List of high courts in India|highest court]] in the [[Indian state]] of [[Kerala]] and the [[Union territory]] of [[Lakshadweep]]. It is located in [[Kochi]]. Drawing its powers under Article 226 of the [[Constitution of India]], the High Court has the power to issue directions, orders and [[writ]]s including the writs of ''[[habeas corpus]]'', ''[[mandamus]]'', ''[[Prohibition (writ)|prohibition]]'', ''[[quo warranto]]'' and ''[[certiorari]]'' for ensuring the enforcement of the [[Fundamental Rights in India|Fundamental Rights]] guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original, [[appeal|appellate]] and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some [[statute]]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 35 Permanent Judges including the Chief Justice and 12 Additional Judges.<ref>{{cite web |url=http://highcourtofkerala.nic.in/profile.html |title=High Court of Kerala Profile |website=highcourtofkerala.nic.in |access-date=4 October 2018 |archive-date=20 October 2020 |archive-url=https://web.archive.org/web/20201020235129/http://www.highcourtofkerala.nic.in/profile.html |url-status=live }}</ref> 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]], Justice [[Manepalli Narayana Rao Venkatachaliah|M. N. Venkatachaliah]]. The estimated cost of construction was 100 million [[Indian rupees]].<ref name="Funds_Requested">{{cite web |title=Funds for infrastructure of High Courts |publisher=Press Information Bureau for Government of India |access-date=2007-11-26 |url=http://pib.nic.in/archieve/lreleng/lyr2002/rjun2002/06062002/r060620022.html |archive-date=4 January 2005 |archive-url=https://web.archive.org/web/20050104074342/http://pib.nic.in/archieve/lreleng/lyr2002/rjun2002/06062002/r060620022.html |url-status=live }}</ref> The construction was completed in 2005 at a cost of 850 million Indian rupees. The completed High Court building was inaugurated by the [[Chief Justice of India]], [[Yogesh Kumar Sabharwal|Justice Y. K. Sabharwal]] on 11 February 2006. The new High Court building is equipped with modern amenities like [[videoconferencing]], [[air conditioning|air conditioned]] [[courtroom]]s, [[internet]], and facilities for retrieval of order copies and publishing of the case status via the internet. The building is built on {{convert|5|acre|m2}} of land and has a built-up area of {{convert|550000|sqft|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 palace, where it had been functioning.

== History of judicial system in the State of Kerala ==
[[File:KHCAA Golden Jubilee Chamber Complex DSW.jpg|thumb|[[KHCAA Golden Jubilee Chamber Complex]]]]
[[File:Ernakulam District Court Complex by Augustus Binu.jpg|thumb|Ernakulam District Court Complex]]
[[File:Heritage Building of Ernakulam District Court by Augustus Binu.jpg|thumb|Heritage Building of Ernakulam District Court]]
The present State of [[Kerala]] is result of integrating the erstwhile princely kingdoms of [[Travancore]] and [[Kingdom of Cochin|Cochin]] with [[Malabar district]] and [[Kasaragod district|Kasaragod]]. The present judicial system in Kerala has its roots dating back to the days of the monarchs of the Kingdoms of Travancore and Cochin.

===Early Reforms in the Kingdom of Travancore===
In 1799, the Kingdom of Travancore became a vassal state of the [[British Empire]]. British diplomats encouraged judicial reform as they became involved in the political affairs of Travancore.

In 1811, following the 1808 insurrection against British Cochin and [[Kollam|Quilon]], 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, and construction of roads, bridges and schools. He functioned as the [[Diwan (title)#In India|Diwan]] until February 1818 when he handed over the reins to Nanjappayya of [[Coimbatore]]. Thus it was Colonel Munro who 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.<ref>Playne S, Bond JW, Wright A. (2004) ''Southern India: its history, people, commerce, and industrial resources'', page 368. Asian Educational Services</ref>
{{Citation needed|date=October 2008}}

=== Judicial system in the Kingdom of Travancore ===
In the Kingdom of Travancore, Munro recommended necessary regulations to be passed for the reorganisation of the Courts. These recommendations were accepted by the then king 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. Munro established five zilla (District) courts in A.D 1811 at [[Padmanabhapuram]], [[Thiruvananthapuram]], [[Mavelikkara]], [[Vaikom]] and [[Aluva]]. 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 as an [[amicus curiae]] to advise them on the various points of [[Hindu law]]. Ramachandra Iyer was appointed as the first Chief Justice.{{citation needed|date=February 2018}}

=== Judicial system in the Kingdom of Cochin ===
In the [[Kingdom of Cochin]], 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 [[Thrissur|Trichur]] (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]] State or Thiru-Kochi on 1 July 1949. Later, the High Court of Travancore-Cochin was established at [[Ernakulam]] 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.{{Citation needed|date=October 2008}}

=== Establishment of High Court of Kerala ===
On 1 November 1956, the [[States Reorganisation Act]], 1956 was passed thereby integrating the State of [[Travancore-Cochin]] with [[Malabar district]] and [[Kasaragod district|Kasaragod]] 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 ==
The current sitting judges of the court are as follows:<ref>{{Cite web |url=http://highcourtofkerala.nic.in/judges.php |title=High Court of Kerala – Profile of sitting judges |access-date=30 November 2020 |archive-date=3 July 2023 |archive-url=https://web.archive.org/web/20230703050924/https://highcourtofkerala.nic.in/index.php |url-status=live }}</ref>
{| class="wikitable sortable" style="margin: 1em auto 1em auto;"
!Name
!Position
!From
|-
| [[Ashish Jitendra Desai]]
|'''Chief Justice'''
|21 November 2011<br /> (CJ w.e.f. 22 July 2023)
|-
| [[Alexander Thomas (Judge)|Alexander Thomas]]
|Permanent Judge
| 10 March 2016
|-
| [[A. Muhamed Mustaque]]
| Permanent Judge
| 10 March 2016
|-
| [[A. K. Jayasankaran Nambiar]]
| Permanent Judge
| 10 March 2016
|-
| [[Anil K. Narendran]]
| Permanent Judge
| 10 March 2016
|-
| P. B. Suresh Kumar
| Permanent Judge
| 20 May 2016
|-
| [[Amit Rawal]]
| Permanent Judge
| 12 November 2019
|-
| [[Anu Sivaraman]]
| Permanent Judge
| 5 April 2017
|-
| [[Raja Vijayaraghavan V.]]
| Permanent Judge
| 5 April 2017
|-
| [[Mary Joseph]]
| Permanent Judge
| 5 April 2017
|-
|[[Sathish Ninan]]
| Permanent Judge
| 16 March 2018
|-
|[[Devan Ramachandran]]
| Permanent Judge
| 16 March 2018
|-
| [[P. Somarajan]]
| Permanent Judge
| 16 March 2018
|-
|[[V. G. Arun]]
|Permanent Judge
|5 November 2018
|-
|[[N. Nagaresh]]
|Permanent Judge
|5 November 2018
|-
|[[C. S. Dias]]
|Permanent Judge
|18 November 2019
|-
|[[P. V. Kunhikrishnan]]
|Permanent Judge
|13 February 2020
|-
|[[T. R. Ravi]]
|Permanent Judge
|6 March 2020
|-
|[[Bechu Kurian Thomas]]
|Permanent Judge
|6 March 2020
|-
|[[Gopinath P]]
|Permanent Judge
|6 March 2020
|-
|[[Murali Purushothaman]]
|Permanent Judge
|25 February 2021
|-
|[[Ziyad Rahman A. A]]
|Permanent Judge
|25 February 2021
|-
|[[Karunakaran Babu|K. Babu]]
|Permanent Judge
|25 February 2021
|-
|[[Kauser Edappagath]]
|Permanent Judge
|25 February 2021
|-
|[[A. Badharudeen]]
|Permanent Judge
|25 June 2021
|-
|[[Viju Abraham]]
|Permanent Judge
|13 August 2021
|-
|[[Mohammed Nias C. P]]
|Permanent Judge
|13 August 2021
|-
|[[Basant Balaji]]
|Additional Judge
|8 October 2021
|-
|[[C. Jayachandran]]
|Additional Judge
|20 October 2021
|-
|Sophy Thomas
|Additional Judge
|20 October 2021
|-
|P. G. Ajithkumar
|Additional Judge
|20 October 2021
|-
|C. S. Sudha
|Additional Judge
|20 October 2021
|-
|Shoba Annamma Eapen
|Additional Judge
|18 May 2022
|}

== Former Chief Justices ==
{| class="wikitable sortable" style="margin: 1em auto 1em auto;"
|-
! Sl No
! Name of the Chief Justice
! From
! To
|-
| 1
| K. T. Koshi
| 12 September 1944
| 30 January 1959
|-
| 2
| K. Sankaran
| 16 August 1946
| 29 March 1960
|-
| 3
| Mohammed Ahmed Ansari<ref>[https://web.archive.org/web/20020621232613/http://hc.ap.nic.in/aphc/maaj.html Profile of M. A. Ansari at Andhra Pradesh High Court.]</ref>
| 29 March 1960
| 26 November 1961
|-
| 4
| M. S. Menon
| 29 January 1953
| 12 June 1969
|-
| 5
| P. T. Raman Nair
| 22 February 1957
| 1 September 1971
|-
| 6
| T. C. Raghavan
| 15 December 1959
| 21 May 1973
|-
| 7
| P. Govindan Nair
| 29 January 1962
| 3 January 1977
|-
| 8
| V. P. Gopalan Nambiyar
| 22 March 1965
| 19 January 1980
|-
| 9
| [[Justice V. Balakrishna Eradi|V. Balakrishna Eradi]]
| 5 April 1967
| 30 January 1981
|-
| 10
| [[P. Subramanian Poti]]
| 20 March 1969
| 26 September 1983
|-
| 11
| K. Bhaskaran
| 3 April 1972
| 9 October 1985
|-
| 12
| [[V. S. Malimath]]
| 24 October 1985
| 11 June 1991
|-
| 13
| [[M. Jagannadha Rao]]<ref>[http://mjrao.com/ Personal website of M. Jagannadha Rao] {{webarchive|url=https://web.archive.org/web/20100517191032/http://mjrao.com/ |date=17 May 2010 }}</ref>
| 8 August 1991
| 5 April 1994
|-
| 14
| [[Sujata Manohar|Sujata V. Manohar]]
| 21 April 1994
| 4 November 1994
|-
| 15
| [[M. M. Pareed Pillay]]
| 3 January 1985
| 17 September 1995
|-
| 16
| U. P. Singh
| 23 July 1996
| 19 December 1997
|-
| 17
| [[O.P. Verma|Om Prakash Verma]]
| 20 November 1997
| 19 March 1999
|-
| 18
| [[Arijit Pasayat]]
| 20 September 1999
| 8 May 2000
|-
| 19
| Arvind Vinayakarao Savant
| 30 May 2000
| 17 September 2000
|-
| 20
| [[K.K. Usha]]
| 25 February 2001
| 3 July 2001
|-
| 21
| [[B. N. Srikrishna]]
| 6 September 2001
| 1 October 2002
|-
| 22
| [[Jawahar Lal Gupta]]
|1 November 2002
|22 January 2004
|-
| 23
| [[Nauvdip Kumar Sodhi|N K Sodhi]]
| 5 April 2004
| 17 November 2004
|-
| 24
| [[B. Subhashan Reddy]]
| 21 November 2004
| 2 March 2005
|-
| 25
| [[Rajiv Gupta (judge)|Rajeev Gupta]]
| 27 April 2005
| 11 January 2006
|-
| 26
| [[V.K. Bali|Vinod Kumar Bali]]
| 22 January 2006
| 24 January 2007
|-
| 27
| [[H. L. Dattu]]
| 18 May 2007
| 12 December 2008
|-
| 28
| [[S. R. Bannurmath]]
| 18 March 2009
| 22 January 2010
|-
| 29
| [[Jasti Chelameswar]]
| 17 March 2010
| 10 October 2011
|-
| 30
| [[Manjula Chellur]]
| 26 September 2012
| 5 August 2014
|-
| 31
| [[Ashok Bhushan]]
| 26 March 2015
| 12 May 2016
|-
| 32
| [[Mohan Shantanagoudar]]
| 22 September 2016
| 17 February 2017
|-
| 33
| [[Navniti Prasad Singh]]
| 20 March 2017
| 5 November 2017
|-
|34
|[[Antony Dominic]]
|6 February 2018
|28 May 2018
|-
|35
|[[Hrishikesh Roy]]
|8 August 2018
|22 September 2019
|-
|36
|[[S. Manikumar]]
|11 October 2019
|23 April 2023
|-
|37
|[[Sarasa Venkatanarayana Bhatti]]
|1 June 2023
|13 July 2023
|}

==Controversy==
The High Court of Kerala building in [[Kochi, India|Kochi]] had not assigned Number 13 to any of its [[courtroom]]s due to [[triskaidekaphobia]]. This created a controversy in Kerala as the state prides itself on being the [[Literacy in India#Literacy rates|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 (penalty)|fine]] of {{INRConvert|10000}} on the petitioner. Later, the [[Supreme Court of India]] over-ruled the High Court's decision admonishing the encouragement of superstitions saying that "The High Court is an institution. It should not be allowed to encourage this sort of superstitions"<ref name="superstition1">{{cite web |title=Kerala high court told not to be superstitious |publisher=Gulf News |access-date=2006-11-22 |url=http://archive.gulfnews.com/articles/06/11/22/10084299.html |archive-url=https://archive.today/20120926005706/http://archive.gulfnews.com/articles/06/11/22/10084299.html |url-status=dead |archive-date=2012-09-26}}</ref><ref name="superstition2">{{cite web |title=Number 13 finds ally in Kerala MLA |publisher=NDTV |access-date=2007-09-23 |url=http://www.grass-roots.in/cache/index.php/17144 |url-status=dead |archive-url=https://web.archive.org/web/20110721062958/http://www.grass-roots.in/cache/index.php/17144 |archive-date=21 July 2011}}</ref><ref name="superstition3">{{cite web |title=SC regrets Kerala HC's superstitious belief |work=The Hindu |access-date=2006-11-21 |url=http://www.hindu.com/thehindu/holnus/002200611212031.htm}} {{Dead link|date=October 2010|bot=H3llBot}}</ref>

[[Kerala Legislative Assembly]] passed resolution for setting up a high court bench at [[Thiruvananthapuram]], capital city of [[Kerala]]. The [[Government of India|Union Government]] and the Supreme Court are favourable in sanctioning more high court benches in country, and had already sanctioned many in other states. However, a new high court bench at Thiruvananthapuram is still pending, due to opposition by some in the high court at Ernakulam. The opposition is based on the rationale that when the [[United State of Travancore-Cochin]] (the forerunner to the State of Kerala) was created, it was agreed that its capital would be [[Travancore]]'s capital Thiruvananthapuram, where the legislature and the executive would be based, but that the judiciary would be based in Kochi, [[Kingdom of Cochin|Cochin]]'s capital.

== See also ==
*[[High Courts of India]]
*[[KHCAA Golden Jubilee Chamber Complex]]

==References==
{{reflist}}

==External links ==
{{commons category}}
*[http://hckerala.gov.in High Court of Kerala]
*[http://highcourtofkerala.nic.in/history.html History of present judiciary in Kerala]
*[http://www.supremecourtofindia.nic.in/new_links/NBK.pdf Speech at the inauguration of the new building ]{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}

{{High courts of India}}

[[Category:Kerala High Court| ]]
[[Category:Law enforcement in Kerala]]
[[Category:1956 establishments in Kerala]]
[[Category:Courts and tribunals established in 1956]]

Kerala High Court - Revision history

Ajay Kumar at 21:54, 29 August 2023