Kerala High Court Closes Plea Upon Noting State Govt's Assurance Over Appointment Of Judicial Member To Real Estate Appellate Tribunal

The Division bench comprising Justice A.Muhamed Mustaque and Justice S Manu disposed of the petition based on the assurance given by the state government that selection to the post is over and appointment will also be made after the Lok Sabha Polls.

“The learned Special Government Pleader, on instructions, submits that the selection to the post is over and due to general election in the country, the appointment could not be made. It is submitted that, immediately after 04.06.2024, the appointment will be made. This submission is recorded.”

The plea was filed by Social Justice Vigilance Forum, a registered society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 stating that vacancy would arise in the post of judicial member. It was stated that V K Babu Prakash, the judicial member of the State Real Estate Appellate Tribunal, is to vacate his office on May 28, 2024, and a vacancy would arise.

The plea was filed with the apprehension that the vacancy in the State Real Estate Appellate Tribunal would be inconvenient to the litigants and the public.

It was stated that even though the Government was informed regarding the upcoming vacancy in the office, no steps were taken to select a new Judicial Member.

The plea further alleged that the government might not take any steps to make appointments due to the prevailing Parliamentary Elections and Model Code Of Conduct.

The petitioner thus sought for directions from the Court for making an appointment to the post of judicial member in the State Real Estate Appellate Tribunal without delay.

Counsel for Petitioners: Advocates M.R. Nandakumar M.R., Mayika Sundar, Arjun Anil, Asin V.S., Anna Maria

Counsel for Respondent: Special Government Pleader Deepa Narayanan

Citation: 2024 LiveLaw Ker 316

Case Title: Social Justice Vigilance Forum v State of Kerala

Case Number: WP(C) 17677/2024

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