Lawyer Prefers Appeal Against Dismissal Of Plea Challenging 'Limited Listing' Of Cases Before Kerala High Court Judge

Advocate Yeshwanth Shenoy has moved a writ appeal in the Kerala High Court against dismissal of his plea challenging limited listing of cases before the bench of Justice Mary Joseph.

Single Bench of Justice PV Kunhikrishnan had, on June 9, 2023, dismissed his plea stating that no direction can be issued that a judge should hear a particular number of cases in a day. "As per Rule 92 of Rules of the High Court of Kerala, 1971, the Bench or Judge has the discretion to issue special or general directions regarding the posting of cases assigned to him/her by the Chief Justice," it had observed.

In this appeal, Shenoy claims that his plea was on the issue of the 'listing of cases' being limited to 20 before the Court, and not 'hearing the same'. He submits that the Single Judge had confused 'listing' with 'hearing' and adjudicated on a non-issue.

"The Petitioner has very clearly differentiated between the issue of "listing' as being different from issue of hearing. Listing is a process entrusted with the Registry which has to be carried under the directions of the Chief Justice who is the Master of Roster. 'Hearing' is the prerogative of the Judge who can decide how many matters listed before him/her would be heard," the appeal states.

Shenoy avers that the Registry had also admitted that the list of Justice Joseph's Court was prepared 'with the permission of the Court', which he averred was against the directions of the Chief Justice, who is the Master of Roster. He added that the listing of cases is a process of the Registry, in which no judge could interfere.

His appeal goes on to state that the Single bench abused its powers by making personal attack on him, by calling the plea a publicity interest litigation to malign judges and judiciary.

The matter was taken up today by the Division Bench comprising Acting Chief Justice Alexander Thomas and Justice C. Jayachandran. However, Shenoy contended that the matter ought not to have come before this bench as the Chief Justice has been arrayed as the first respondent in the matter.

The ACJ then wondered if the Chief Justice could be made a party. "In my learning of CPC, can you sue (the Chief Justice) also like that? In my learning of CPC, it is usually, 'High Court of Kerala represented by the Registrar General. I don't know if you can sue in the official capacity, as well. The State is a mechanism, the High Court is also a juristic entity. I do not know, you might be knowing it better," the bench remarked orally while adjourning the matter till Thursday.

Case Title: Yeshwanth Shenoy v. The Chief Justice, High Court of Kerala & Ors. 

Case Number: WA 1316/ 2023 in WP(C) 6912/ 2023