BAR COUNCIL OF KERALA Vs. THANKAPPAN PILLAI

JUDGEMENT

(1.) THIS case stood posted before the learned Single Judge on 11-1-1985. The Court Officer on that day made the following endorsement on the docket: "post before a Division Bench on Monday. B/o. Sd/-". The matter was later posted before the First Bench on 1-3-1985. on 12-4-1985. and finally on 25-7-1985. The First Bench. however. did not deal with the matter on the merits. Another endorsement was made on the docket by the Court Officer on 25-7-1985: "post before C XII on 29-7-1985 at the top of list. B/o. Sd/-". The character of the latter endorsement is not quite clear to us. but perhaps it was based on an administrative direction of the learned Chief justice presumably on the assumption that the case had already been referred by the learned Single Judge under S. 3 of the Kerala High Court Act. 1958.

(2.) THIS is how this case has come up before us. THIS case. we notice. has not been referred to a Division Bench in terms of S. 3. The first endorsement made by the Court Officer on 11-1-1985 is not a reference order as postulated under S. 3 of the Act. The endorsement merely shows that an oral direction to that effect had been given by the learned Single Judge. No such oral direction. or an endorsement of the Court Officer evidencing it. constitutes an order of reference under S. 3. What is postulated under that Section is a judicial order which has to be in writing and signed by the Single Judge himself. S. 3 says: "3. Powers of Single Judge. The powers of the High court in relation to the following matters may be exercised by a Single Judge. provided that the judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two judges: