POURASAMITHI Vs. RAJAN THATTIAL

JUDGEMENT

(1.) This is a pro bono publico seeking writs of quo warranto, certiorari and mandamus against the first respondent who is now working as the Judicial First Class Magistrate at Mattannur of Kannur District of Kerala State.

(2.) The petitioner claims to be a Society registered under the Societies Registration Act, 1860 and functioning for getting justice and assisting the organisation of legal literacy classes and similar welfare activities, having its area of operation over the entire State of Kerala. It is stated that in Malayalam daily newspapers, there were news items published against the conduct of the first respondent not benefitting the status of a Judicial Officer and that he had been guilty of misconduct and also of wilful suppression of his antecedents relating to disputes inter se himself and his wife leading to dissolution of marriage and sufferance of a decree for maintenance, apart from facing criminal prosecution. On the ground of said wilful suppression and questionable antecedents, the petitioner claims that the first respondent rendered himself unfit to hold the post of a judicial officer and that his appointment itself was void. The reliefs sought by the petitioner are:

(3.) Interim relief was also sought to direct the third respondent- High Court of Kerala to suspend the services of the first respondent and abstain him from acting as Judicial First Class Magistrate, Mattannur, pending disposal of the Writ Petition.