S KARUNAKARA KURUP Vs. STATE OF KERELA

JUDGEMENT

(1.) Heard all parties.

(2.) This Writ appeal hads been placed before me pursuant to the order of the Hon ble Chief Justice passed on 3-4-2002 for consideration. That order, in turn, was passed pursuant to a detailed judicial order passed on 19-3-02 by a Full Bench of which the Hon ble Chief Justice was one of the parties.

(3.) A peresal of the said judicial order shows that based on the difference of opinion between the learned Judges of the Division Bench which heard W.W.No.1175/96, the matter had been referred to the said Full Bench for consideration. The Full Bench, however, did not find it necessary to consider the case. It declined to answer the reference and directed the Registry to place records before the Hon ble Chef Justice for reference to a third Judge in view of Sec.23 of the Travancore-Cochin High Court Act which provides that in case of disagreement between the two Judges of the Division Bench, the Chief Justices can refer it to a third Judge for opinion.