In the High Court of Kerala at Ernakulam - W.A. Nos.178 of 2016, 136 of 2016 and 284 of 2016

## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 ## W.A.No.178 OF 2016 AGAINST THE JUDGMENT IN WPC 9377/2009 DATED 10-12-2015 OF HIGH COURT OF KERALA DATED 10.12.2015 ## APPELLANT/PETITIONER: T.R.SEBASTIAN, AGED 46 YEARS S/O. T.D.RAPPAI, ADVOCATE, AYYANTHOLE, THRISSUR. BY ADV. SRI.D.ANIL KUMAR ## RESPONDENTS/RESPONDENTS: - 1 THRISSUR BAR ASSOCIATION REPRESENTED BY ITS PRESIDENT, CIVIL LINES, AYYANTHOLE, THRISSUR-680 003. - 2 BAR COUNCIL OF KERALA REPRESENTED BY ITS SECRETARY, BAR COUNCIL BUILDING, ERNAKULAM-682 031. - 3 C.K.SAJI NARAYANAN, PRESIDENT, THRISSUR BAR ASSOCIATION, THRISSUR-680 003. - 4 JOCKIN A PERIRA, VICE PRESIDENT, BAR ASSOCIATION, THRISSUR-680 003. - 5 LIJU LAZER, TREASURER, BAR ASSOCIATION, THRISSUR-680 003. - 6 PRADEESH P.VARGHESE, JOINT SECRETARY, BAR ASSOCIATION, THRISSUR-680 003. - 7 JACOB R.PULIKKOOTIL, ADVOCATE, BAR ASSOCIATION, THRISSUR-680 003. - 8 DENNY C.J., ADVOCATE, BAR ASSOCIATION, THRISSUR-680 003. WA.178/2016, WA.136/2016, WA.284/2016 : 2 : - 9 SATHEESH P.CHEENKATH, ADVOCATE, BAR ASSOCIATION, THRISSUR-680 003. - 10 MRS. CHANDRATHARA, ADVOCATE, BAR ASSOCIATION, THRISSUR-680 003. - 11 THE DISTRICT LEGAL SERVICES AUTHORITY THRISSUR, AYYANTHOLE, THRISSUR-680 003. - 12 KERALA MEDIATION CENTRE, (WRONGLY TYPED IN THE JUDGMENT AS MEDICATION CENTRE), REPRESENTED BY ITS NODAL OFFICER, NIYAMA SAHAYA BHAVAN, HIGH COURT BUILDING COMPLEX, ERNAKULAM-682 031. SRI.ARAVINDAKUMAR BABU, SR.G.P. R1 BY ADV. SRI.K.R.AVINASH KUNNATH R1 BY ADV. SRI.ABDUL RAOOF PALLIPATH R1 BY ADV. SRI.K.I.MAYANKUTTY MATHER R12 BY ADV. SRI.B.UNNIKRISHNA KAIMAL R2 BY ADV. GRASHIOUS KURIAKOSE R3 BY ADV. SRI.KRISHNANUNNI , SENIOR ADVOCATE SRI.P.RAVINDRAN (SR.) ADV.DEEPAK.P THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.136/2016, WA.284/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.178/2016, WA.136/2016, WA.284/2016 : 3 : ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & ## THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 ## W.A.No.136 OF 2016 AGAINST THE JUDGMENT IN WPC 9309/2009 DATED 10-12-2015 OF HIGH COURT OF KERALA ## APPELLANTS/PETITIONERS 1 TO 3: - 1 ADV. P.P.HARRIS, S/O. PANIKKAVEETIL PAYYAPPULLY KUNHAHAMED, VISWACHITHRA BUNGLAW, P.O. KOTTAPADI,, THRISSUR - 680 505. - 2 ADV. JACOB O. RAPHAEL, AGED 48 YEARS, S/O. KAVALAKKAT OVUNGAL RAPHAEL,, TEMPLE AVENUE, AYYANTHOLE VILLAGE,, THRISSUR TALUK. - 3 ADV. PRAMOD.P, AGED 45 YEARS, S/O. PUTHENVEETIL GOURIAMMA,, URAKAM DESOM, PORATHISSERY VILLAGE,, MUKUNDAPURAM TALUK. BY ADVS. SRI.T.KRISHNANUNNI (SR.) SRI.M.DEVESH SRI.K.C.KIRAN SRI.N.M.MADHU SMT.MEENA.A. SRI.VINOD RAVINDRANATH SRI.VINAY MATHEW JOSEPH ## RESPONDENTS/RESPONDENTS 1 TO 4 AND 4TH PETITIONER: - 1 THRISSUR BAR ASSOCIATION, REPRESENTED BY THE PRESIDENT, ADV.P.G.DEVADAS,, CIVIL LINES, AYYANTHOLE VILLAGE, THRISSUR TALUK, PIN-680 003. - 2 ADV.T.R. SEBASTIAN, S/O.THANIKAL CHALISSERY RAPHAEL,, SURABHI, PUTHUKKARA DESOM, AYYANTHOLE VILLAGE,, THRISSUR TALUK, PIN 680 003. WA.178/2016, WA.136/2016, WA.284/2016 : 4 : - 3 BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BUILDING,, HIGH COURT POST, ERNAKULAM-682 031. - 4 KERALA MEDIATION CENTRE, REPRESENTED BY ITS CO-ORDINATOR, NIYAMA SAHAYA BHAVAN, NEAR HIGH CURT COMPOUND, ERNAKULAM-682 031. - 5 THRISSUR DISTRICT LEGAL SERVICES AUTHORITY REPRESENTED BY ITS CHAIRMAN, CIVIL LINES, AYYANTHOLE, THRISSUR-680 003. - 6 ADV. HONEY K. VARGHESE, AGED 39 YEARS, D/O.M.M. VARGHESE, (NOW IV ADDL.DISTRICT JUDGE, KOLLAM), MELETH HOUSE, CHALAMPADAM DESOM, PEECHI VILLAGE, THRISSUR TALUK, PIN 680 653. R1 BY ADV. SRI.R.JAIKRISHNA R1 BY ADV. SRI.K.I.MAYANKUTTY MATHER R1, R4 BY ADV. SRI.B.UNNIKRISHNA KAIMAL R3 BY ADV. GRASHIOUS KURIAKOSE (SR.) SRI.ARAVINDAKUMAR BABU, SR.G.P. SRI.P.RAVINDRAN (SR.) SRI.D.ANILKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.178/2016, WA.284/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.178/2016, WA.136/2016, WA.284/2016 : 5 : ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & ## THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 ## WA.No.284 OF 2016 AGAINST THE JUDGMENT IN WPC 9309/2009 DATED 10-12-2015 OF HIGH COURT OF KERALA ## APPELLANT/2ND RESPONDENT: T R SEBASTIAN, AGED 46 YEARS S/O.T.D.RAPPAI, ADVOCATE, 'SURABHI', PUTHUKARA DESOM, AYYANTHOLE, THRISSUR. BY ADV. SRI.D.ANIL KUMAR ## RESPONDENTS/PETITIONERS & RESPONDENTS 1, 3, 4 AND 5: - 1 ADV P P HARRIS, S/O.PANIKKAVEETIL PAYYAPPULLY KUNHAHAMED,039 VISWACHITHRA BUNGLAW 039, P.O.KOTTAPPADI, TRISSUR-680 505. - 2 ADV.JACOB O.RAPHAEL, S/O.KAVALAKAT OVUNGAL RAPHAEL, TEMPLE AVENUE, AYYANTHOLE VILLAGE, TRISSUR TALUK-680 003. - 3 ADV.PRAMOD P., AGED 45 YEARS, S/O.PUTHENVEETIL GOURIAMMA, URAKAM DESOM PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK-680 125. - 4 ADV.HONEY M.VARGHESE, AGED 37 YEARS D/O.M.M.VARGHESE, ADDITIONAL GOVERNMENT PLEADER AND PUBLIC PROSECUTOR, MELETH HOUSE, CHALAMPADAM DESOM, PEECHI VILLAGE, TRISSUR TALUK-680 653. - 5 TRICHUR BAR ASSOCIATION, REPRESENTED BY THE PRESIDENT ADV.C.K.SAJI NARAYANAN, CIVIL LINES, AYYANTHOLE VILLAGE, TRISSUR TALUK-680 003. WA.178/2016, WA.136/2016, WA.284/2016 : 6 : - 6 BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BUILDING, HIGH COURT POST, ERNAKULAM-682 031. - 7 KERALA MEDIATION CENTRE, REPRESENTED BY ITS CO-ORDINATOR, NIYAMA SAHAYA BHAVAN, NEAR HIGH COURT COMPOUND, ERNAKULAM, KOCHI-682 031. - 8 TRISSUR DISTRICT LEGAL SERVICES AUTHORITY REPRESENTED BY ITS CHAIRMAN, CIVIL LINES, AYYANTHOLE, TRISSUR-680 003. R1-4 BY ADV. SRI.N.M.MADHU R5 BY ADV. SRI.P.RAVEENDRAN R6 BY ADV. SRI.GRACIOUS KURIAKOSE R7 BY ADV. SRI.B.UNNIKRISHNA KAIMAL SRI.ARAVINDAKUMAR BABU, SR.G.P. SRI.P.RAVINDRAN (SR.) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.03.2020, ALONG WITH WA.136/2016, WA.178/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.178/2016, WA.136/2016, WA.284/2016 : 7 : ## **JUDGMENT** **[ WA.178/2016, WA.136/2016, WA.284/2016 ]** ## **Dated this the 5th day of March 2020** ## **S.MANIKUMAR, C.J.** Instant writ appeals are filed challenging the correctness of the common judgment dated 10.12.2015 in W.P.(C)Nos.9309 & 9377 of 2009, by which, a learned Single Judge dismissed the writ petition as not maintainable. Writ petitions have been filed by certain members of Bar Association, Trichur, challenging their suspension from the Bar Association, on the ground that they have violated the directions issued by the general body of the association. 2. On 17[th] February 2020, when the matter came up for hearing, this court passed the following order: “Treating the action of the lawyers of some of the lawyers in participating in the inauguration of the Mediation Centre at Thrissur as misconduct, they have been suspended from the Bar Association. Aggrieved by the same, W.P.(C) Nos. 9309 and 9377 of 2009 have been filed. 2. Writ Court, after hearing the parties, and taking note of the decision of the Hon'ble Supreme Court in **Federal Bank Ltd, v, Sagar Thọmas** [(2003) 10 ȘCC 733] and **Abdul Azeez v. Alappuzha Bar Association** (1992 (2) KLT 443), dismissed the writ petition as not maintainable. Holding so, writ court directed the WA.178/2016, WA.136/2016, WA.284/2016 : 8 : appellants/writ petitioners to move the appropriate civil court. Being aggrieved, instant writ appeals have been filed. 3. Sri.T.Krishnanunni, learned Senior Counsel, appearing for the appellants in W.A.No.136 of 2016, submitted that matter may be referred to the District Mediation Centre for mediation to resolve the dispute between the Bar Association and the appellants. 4. Having regard to the facts and circumstances, which lead to the suspension of certain members from the Bar Association, we deem it fit to refer the matter for mediation and accordingly, we do so. The parties shall appear before the Mediator on 27.02,2020 at 3 p.m, The Principal District Judge, Thrissur is directed to nominate a senior District Judge for mediation. 5. Having regard to the fact that action taken by the Bar Association was due to a function organized at the instance of this Court with the participation of Honoubale Judges, we sincerely hope that the parties should arrive at an amicable settlement. The Mediator shall file a report as expeditiously as possible.” 3. Pursuant to the above, the District Mediation Centre, Thrissur has nominated Sri.Baiju.C.K., Judge, Family Court, Thrissur, as the mediator to mediate the issues involved in W.A.Nos.136 and 178 of 2016. Mediation was successful and matters have been settled between the parties. Accordingly, a letter dated 4.3.2020 has been sent to the Registrar (Subordinate Judiciary), High Court of Kerala, Ernakulam along with the mediation report and mediation agreement. WA.178/2016, WA.136/2016, WA.284/2016 : 9 : 4. Mediation report and mediation agreement entered into between the parties on 2.3.2020, are extracted hereunder: ## “DISTRICT MEDIATION CENTRE, THRISSUR REPORT ON MEDIATION Name of the Mediator : Sri.C.K.Baiju, Judge, Family Court, Thrissur Details of case considered : W.A.136/2016 of the Hon'ble High Court of Kerala Date of reference for Mediation: 27.02.2020 Date of appearance of Parties : 27.2.2020, 2.3.2020 Date of Conclusion : 2.3.2020 Whether Settled or Not : Settled Whether Compromise prepared or not : Yes. Agreement prepared and signed by the parties. Signature of the Mędiator : JUDGE FAMILY COURT 2.3.2020 THRISSUR WA.178/2016, WA.136/2016, WA.284/2016 : 10 : Appellants 1 to 3, Respondents 1, 2 and 5 are present. Matter settled. Since the dispute is in between appellants 1 to 3 and 1[st] respondent/Bar Association, appellants have agreed to delete respondents 3, 4 and 6 from the party array. ## **MEDIATION AGREEMENT** 1. The appellants have agreed to submit to the authority of the by law of the Bar Association and to co-operate with all the activities of the Association. 2. Appellants have agreed to withdraw the writ appeal. 3. The 1[st] respondent/Bar Association, Thrissur has consented to withdraw the suspension order and all the other disciplinary proceedings against the appellants. ## Appellants 1. Adv. P.P.Harris, aged 48 years, S/o Panikkaveettil Payyappully Kunhahamed, Viswachithra Bunglaw, Kottappadi PO, Thrissur-680 505. 2. Adv. Jacob O Raphel, aged 48, S/o Kavalakkat Ovungal Raphael, Temple Avenue, Ayyanthole Village, Thrissur Taluk. 3. Adv. Pramod P, aged 45 years, S/o Puthenveettil Gouriamma, Urakam desom, Porathissery Village, Mukundapuram taluk ## Respondents: 1. Thrissur Bar Association, represented by the present president Adv.K.B.Ranendranadhan, Civil Lines, Ayyanthole Village, Thrissur Taluk - 680 003. 2. Adv.T.R.Sebastian, S/o Thanikal Chalissery Raphael, Surabhi, Puthukkara Desom, Ayyanthole Village, Thrissur Taluk, Pin 680 003. 5. Thrissur District Legal Services Authority, Represented by its Chairman, Civil Lines, Ayyanthole, Thrissur- 680 003. WA.178/2016, WA.136/2016, WA.284/2016 : 11 : ## “DISTRICT MEDIATION CENTRE, THRISSUR REPORT ON MEDIATION Name of the Mediator : Sri.C.K.Baiju, Judge, Family Court, Thrissur Details of case considered : W.A.178/2016 of the Hon'ble High Court of Kerala Date of reference for Mediation: 27.02.2020 Date of appearance of Parties : 27.2.2020, 2.3.2020 Date of Conclusion : 2.3.2020 Whether Settled or Not : Settled Whether Compromise prepared or not : Yes. Agreement prepared and signed by the parties. Signature of the Mędiator : JUDGE FAMILY COURT 2.3.2020 THRISSUR WA.178/2016, WA.136/2016, WA.284/2016 : 12 : Appellant, Respondents No.1, 10 and 11 are present. Matter settled. Since the dispute is in between the appellants and the 1[st] respondent/Bar Association, appellant has agreed to delete respondents 2 to 9 and 12 from the party array. ## **MEDIATION AGREEMENT** 1. The appellant has agreed to submit to the authority of the by law of the Bar Association and to co-operate with all the activities of the Association. 2. Appellant has agreed to withdraw the writ appeal. 3. The 1[st] respondent/Bar Association, Thrissur has consented to withdraw the suspension order and all the other disciplinary proceedings against the appellant. ## Appellant/Petitioner: T.R.Sebastian, aged 46 years, S/O T D Rappai, Advocate, Ayyanthole, Thrissur. ## Respondents: 1. Thrissur Bar Association, Represented by the present president Civil Lines, Ayyanthole Village, Thrissur Taluk - 680 003. 10. Mrs.Chandrathara, Advocate, Bar Association, Thrissur - 680 003. 11. The District Legal Services Authority, Thrissur, Ayyanthole, Thrissur - 680 003.” WA.178/2016, WA.136/2016, WA.284/2016 : 13 : 5. Learned counsel appearing for the appellants agreed to withdraw these writ appeals. Parties are directed to comply with the mediation agreement entered into between them on 2.3.2020. 6. Before parting with the appeals, while appreciating the efforts taken by the Advocate's Association, vis a vis, the appellants herein, learned Advocates suspended, we are of the view that such amicable settlement should be arrived at in the inter-se disputes between the litigants, keeping in mind that mediation means a win-win situation. Keeping in mind what the alternate redressal mechanism, desires to achieve, we request the Bar Association to create awareness, for the success in mediation. 7. In view of the above, writ appeals are dismissed as withdrawn. Pending interlocutory applications, if any, shall stand closed. SD/- **S.MANIKUMAR CHIEF JUSTICE** SD/- **SHAJI P. CHALY JUDGE** jes