S. Lakshmi And Others v. State Of Kerala

S. Lakshmi And Others v. State Of Kerala

(Supreme Court Of India)

Writ Petition (Civil) No. 7974 And 9160-75 Of 1981 | 13-02-1996

1. A request has been made on behalf of the State of Kerala for further time to file an additional counter-affidavit to the amended writ petition(s). We find no reason why time, as prayed for, be not granted. But we are of the opinion that the venue of hearing of these cases must shift to the Kerala High Court since interpretation of certain provisions of a local statute, namely, the Kerala Essential Articles Control Act, 1986, is expected to be made by the Court. We, therefore, order that the file of this case is sent on transfer to the Kerala High Court to be treated as a petition under Articles 226-227 of the Constitution of India and to be disposed of in accordance with law

2. The additional counter-affidavit may be filed by the respondent-State of Kerala in the Kerala High Court within 8 weeks. The High Court, is requested to dispose of this matter(s) within six months, if possible.

Advocate List
Bench
  • HON'BLE JUSTICE M. M. PUNCHI
  • HON'BLE JUSTICE S. C. SEN
Eq Citations
  • (1998) 8 SCC 628
  • LQ/SC/1996/360
Head Note

Constitution of India — Art. 136 — Interpretation of a local statute — Kerala Essential Articles Control Act, 1986 (11 of 1986) — Held, since interpretation of certain provisions of a local statute, namely, the Kerala Essential Articles Control Act, 1986, is expected to be made by the Court, the venue of hearing of the cases must shift to the Kerala High Court