State of Kerala & Anr. v. Prof. D. Gopalakrishnan Pillai & Ors.

Case Details & Bench

Court: High Court
Hon'ble Judges: Dr. Arijit Pasayat
Dr. Mukundakam Sharma
Judgment Date: 2008-09-30
Court Decision / Holding: The Supreme Court disposed of the appeal by remitting the matter to the Kerala High Court for a fresh decision on the writ appeal, in light of the principles laid down in State of Kerala v PV Neelakandan (2005) 5 SCC 561 and CA No. 2907 of 2005.
Final Disposition: Appeal disposed of; remitted to the Kerala High Court to decide the writ appeal afresh in light of PV Neelakandan (2005) SCC 561 and CA No. 2907 of 2005.

Parties to the Case

Appellants / Petitioners

State of Kerala
Anr.

Respondents

Prof. D. Gopalakrishnan Pillai
Ors.

Legal Representation & Advocates

Counsels for Petitioners

• T. L. V. Iyer
• G. Prakash
• Beena Prakash

Counsels for Respondents

• P. K. Manohar

Case Synopsis & Summary

State of Kerala and Anr. challenged a Kerala High Court decision on a writ petition involving Civil Appeal No. 5907 of 2008 (and CA No. 5908 of 2008). The High Court had allowed the writ petition at both the level of a single judge and a Division Bench, prompting the State to rely on an identical matter before the Supreme Court. The State cited State of Kerala v. PV Neelakandan (2005) 5 SCC 561 and CA No. 2907 of 2005 as guiding authorities, arguing that the issue ought to be resolved consistently with those decisions. The respondents contended for upholding the High Court’s view. The Supreme Court observed that the present case should be decided in line with the precedents mentioned (Neelakandan and CA 2907 of 2005) and remitted the matter to the Kerala High Court for a fresh hearing of the writ appeal, in light of those authorities. The judgment emphasizes harmony with controlling precedents in identical issues and disposes of the appeal accordingly by directing a fresh consideration by the High Court. Counsel for appellants: T. L. V. Iyer, G. Prakash, Beena Prakash; for respondents: P. K. Manohar.

Submissions & Arguments

Contentions of Appellants / Petitioners

The State contends that the Kerala High Court erred in dismissing the writ appeal and that the matter should be decided consistently with controlling precedents, notably State of Kerala v. PV Neelakandan (2005) 5 SCC 561 and CA No. 2907 of 2005. It seeks a fresh decision by a Division Bench aligned with these decisions.

Contentions of Respondents

The Respondents defended the High Court’s decision and opposed premising remand; they rely on the reasoning of the High Court/Full Bench and contend for adherence to established authorities as interpreted in the present context.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
State of Kerala v. PV Neelakandan	2005 (5) SCC 561	Positive	The Court directs that the matter be decided in accordance with this controlling precedent.
State of Kerala v. Kunjamma	2003 (3) KLT 345	Mentioned Only	Cited by the High Court; not adopted as controlling authority in this appeal.
C.A. No. 2907 of 2005	CA 2907 of 2005	Mentioned Only	Referenced as relevant; decision’s view is not adopted as binding in this appeal.

Extracted Judgment Text

Exact text extracted from official judgment records.

--\ A [2008] 14 S.C.R. 51 ## STATE OF KERALA & ANR. _v._ PROF. D. GOPALAKRISHNA PILLAI & ORS. (Civil Appeal No. 5907 of 2008) SEPTEMBER 30, 2008 B # **[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.)** _Precedent_ - _Writ petition_ - _Allowed by Single Judge_ as _well_ as _Division Bench of High Court_ - _State placing reliance_ c _on judgment of Supreme Court in an identical matter_ - _Remitted to Division Bench_ o _High Court to decide the issue on_ · _the basis of the decided cases in identical matters._ > _State of Kera/a v. P V Neelakandan 2005 (5)_ SCC _561_ - _relied on._ D CIVILAPPELLATE JURISDICTION: Civil Appeal No. 5907 of 2008 From the final Judgment and Order dated 19.7.2005 of the High Court of Kerala, at Ernakulam in W.A. No. 1432 of 2005 E WITH C.A. No. 5908 of 2008 '-.; T.L.V. Iyer, G. Prakash and Beena Prakash for the AppelIan ts. F P.K. Manhohar for the Respondent. The Judgment of the Court was delivered by **DR. ARIJIT PASAYAT, J.** 1. Leave granted. G 2. Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court dismissing the appeal filed by the State. Before the High Court it was contended that the decision of the full Bench of the High Court in _Accountant Gen-_ 51 H 52 SUPREME COURT REPORTS [2008] 14 S.C.R. _I-·_ A _era/ v. Kunjamma_ [2003 (3) KLT 345] relied on by learned Single Judge was in appeal before this Court and an order of stay of the said Court had been passed. But, the High Court was of the view that in view of the decision of the Full Bench the writ appeal was without merit. B 3. It is submitted that the High Court's judgment is dated 19.7.2005, while the identical issue came up for consideration in _State of Kera/a v. PV Neelakandan_ [2005(5) SCC 561], which was decided on 11.7.2005. c 4. Learned counsel for the appellant submitted that the view expressed in C.A. No. 2907 of 2005 decided on 22.2.2007 has also relevance. 5. We are of the view that the case at hand needs to be decided in line with what has been stated in _P V Neelakandan's_ D case (supra) and in C.A. 2907 of 2005. We, therefore, remit the matter to the High Court to hear the matter afresh and decide the writ appeal in the light of what has been stated by this Court in the aforesaid two decisions . E . 6. The appeal is disposed of accordingly. K.K.T. Appeals disposed of.