ASHOK T S Vs. ALEX THOMPSON

JUDGEMENT

(1.) The Original Petition is filed by the second respondent in Appeal No. 288 of 2011, on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram. The petitioner challenges the order passed by the Tribunal in I.A. No. 422 of 2011. The Registry raised an objection that the Tribunal for Local Self Government Institutions (hereinafter referred to as 'the Tribunal') is not included in the Schedule to the Kerala High Court Superintendence of Tribunal Rules, 1989 and therefore, the Tribunal does not come under the supervisory jurisdiction of the High Court. Article 227 of the Constitution of India provides for the power of superintendence by the High Court over Courts and Tribunals. Clauses 1 and 2 of Article 227 read as follows:

(2.) The power of superintendence as mentioned in clause (1) of Article 227 includes judicial superintendence as well, and not merely administrative superintendence. The power of superintendence extends to over all courts and tribunals through out the territories in relation to which the High Court exercises jurisdiction. All courts and tribunals within the territorial limits of the jurisdiction of a High Court are subject to the power of superintendence of that High Court under Article 227 of the Constitution. Clause (2) of Article 227 is without prejudice to the generality of clause (1). Clause (2) of Article 227 deals with administrative superintendence.

(3.) Kerala High Court Superintendence of Tribunals Rules, 1989 (hereinafter referred to as the Tribunals Rules') were framed in exercise of the powers conferred under clause (1) of Article 227 of the Constitution of India. Rule 3(iii) of the Tribunals Rules defines "Tribunal" as follows: