SADASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue raised in this Original Petition relates to the establishment of a Munsiff Magistrate Court at Kothamangalam in Ernakulam District.

(2.) Petitioner is presently the Secretary of the Advocate's Association, Kothamangalam. According to the petitioner this Association was formed in 1996 for vigourously taking up the issue of establishment of civil and criminal courts at Kothamangalam. Petitioner states that having regard to the geographical features, extent of areas, number of villages, backwardness, population, number of police stations, absence of courts at Kothamangalam, present jurisdiction in criminal cases at Thodupuzha and civil cases in Muvattupuzha and Thodupuzha and the civil jurisdiction at Devikulam both far away from Kothamangalam representations are made by the Association and other organisations for establishing civil and criminal courts at Kothamangalam.

(3.) Under S.5 of the Civil Courts Act, 1957 the Government after prior approval of the High Court can establish any additional number of courts in the State. The practice is that the High Court after considering the need for establishing courts in various areas on consideration of the need for establishing courts for a particular area will send the recommendation to the Government and the Government will approve the same.