Abdul Nazar P. T vs. The State Of Kerala

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Pending
Order Date:22 Nov 2019
CNR:SCIN010116142019

AI Summary

In a crucial procedural step, the Supreme Court's Registrar has directed multiple state respondents, including Kerala, Tamil Nadu, and Karnataka, to file their counter affidavits within a strict four-week deadline, marking a 'last chance' for several. This order, in the Writ Petition filed by Abdul Nazar P.T., ensures the case progresses towards substantive hearings, with the next listing scheduled for January 30, 2020.

Ratio Decidendi:
A Registrar Court can grant time, even as a 'last chance', for parties to file counter affidavits in a pending Writ Petition, and must confirm service of notice and appearance before scheduling the next hearing.

Case Identifiers

Primary Case No:Writ Petition(s)(Civil) No(s). 424/2019
Case Type:Writ Petition(s)(Civil)
Case Sub-Type:Writ Petition - Procedural Directions
Secondary Case Numbers:11614/2019, SCIN010116142019
Order Date:2019-11-22
Filing Year:2019
Court:SUPREME COURT OF INDIA
Bench:Registrar
Judges:Hon'ble Surinder S. Rathi

Petitioner's Counsel

Mahendra Kumawat
Advocate - Appeared
Lakshmi N. Kaimal
Advocate on Record - Appeared

Respondent's Counsel

G. Prakash
Advocate on Record - Appeared
Jishnu M.L.
Advocate - Appeared
Priyanka Prakash
Advocate - Appeared
Beena Prakash
Advocate - Appeared
Raja Rajeshwaran.S.
Advocate - Appeared
M. Yogesh Kanna
Advocate on Record - Appeared
V. N. Raghupathy
Advocate on Record - Appeared

Advocates on Record

Lakshmi N. Kaimal
G. Prakash
M. Yogesh Kanna
V. N. Raghupathy

eCourtsIndia AITM

Brief Facts Summary

This is a procedural order in Writ Petition (Civil) No. 424/2019, filed by Abdul Nazar P.T. against the State of Kerala & Ors. The hearing took place before Registrar Sh. Surinder S. Rathi on November 22, 2019. Counsels for both the petitioner and respondents were present. The Registrar granted a 'last chance' of four weeks to Respondent Nos. 1, 2, 4, and 6 to file their counter affidavits. Respondent No. 3 was also given four weeks' time for the same purpose. It was noted that service of notice was complete for Respondent Nos. 5 and 7, and they had already entered appearance. The case is scheduled for its next listing on January 30, 2020.

Timeline of Events

2019-03-29

Case filed in Supreme Court.

2019-04-02

Case registered.

2019-04-23

Notices issued to various respondents.

2019-11-22

Hearing before Registrar; directions for filing counter affidavits issued.

2020-01-30

Next scheduled listing date for the case.

Key Factual Findings

Counsels for the petitioner and respondents are present during the hearing.

Source: Current Court Finding

Respondent Nos. 1, 2, 4, and 6 have not yet filed their counter affidavits.

Source: Current Court Finding

Respondent No. 3 has not yet filed its counter affidavit and requested time for the same.

Source: Current Court Finding

Service of notice is complete for Respondent Nos. 5 and 7.

Source: Current Court Finding

Respondent Nos. 5 and 7 have already entered their appearance in the case.

Source: Current Court Finding

Primary Legal Issues

1.Compliance with court directions for filing counter affidavits

Secondary Legal Issues

1.Timeliness of legal proceedings
2.Ensuring proper service of notice

Petitioner's Arguments

The petitioner's counsel was present, indicating their active participation and likely desire for the timely progression of the case and adherence to procedural requirements by the respondents.

Respondent's Arguments

Counsel for Respondent No. 3 requested and was granted additional time to file a counter affidavit, suggesting a need for more preparation. Counsels for other respondents were present, and they, along with Respondents 1, 2, 4, and 6, were given a 'last chance' to submit their affidavits, implying they had not yet complied with previous directives.

Court's Reasoning

The Registrar granted extensions for filing counter affidavits to ensure all parties have a fair opportunity to present their written responses. The 'last chance' directive underscores the court's intention to move the case forward efficiently while accommodating procedural needs. The decision to list the case again demonstrates the court's ongoing management of the proceedings.

Judicial Philosophy Indicators:
  • Emphasis on Procedural Fairness
  • Efficiency in Case Management
Order Nature:Procedural
Disposition Status:Pending

Specific Directions

  1. 1.Four weeks' time, as last chance, is given to respondent Nos.1, 2, 4 and 6 to file counter affidavit.
  2. 2.Four weeks' time is given to respondent No.3 to file counter affidavit.
  3. 3.List again on 30.1.2020.

Precedential Assessment

Non-Binding (Procedural)

This order is a purely procedural directive from a Registrar, dealing with case management, and does not establish any substantive legal precedent or interpret law.

Tips for Legal Practice

1.Advocates must ensure timely compliance with court directions for filing documents, as 'last chance' extensions indicate increasing strictness.
2.It is crucial to track and confirm the completion of service of notice and appearance of all parties to avoid unnecessary delays.
3.In multi-party litigation, especially involving state entities, expect multiple procedural hearings before a Registrar to manage pleadings and appearances.

Legal Tags

Supreme Court Writ Petition procedural directionsCounter affidavit filing last chance givenRegistrar Court case management ordersService of notice completion and appearanceWrit Petition against State of KeralaInter-state litigation procedural complianceTimeline for respondent legal submissionsIndian legal system procedural efficiency

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Ordinary

Stage:

SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)

Remarks:

List On (Date) [30-01-2020]

Listed On:

22 Nov 2019

In:

Registrar

Category:

UNKNOWN

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Order Text

SUPREME COURT OF<br>I N D I A<br>RECORD OF PROCEEDINGS
BEFORE THE REGISTRAR SH. SURINDER S. RATHI
<pre>Writ Petition(s)(Civil) No(s). 424/2019</pre>
ABDUL NAZAR P.T.<br>Petitioner(s)
<b>VERSUS</b><br>THE STATE OF KERALA & ORS.<br>Respondent(s)
Date: 22-11-2019 This petition was called on for hearing today.
For Petitioner(s)<br>Mr. Mahendra Kumawat, Adv.<br>Ms. Lakshmi N. Kaimal, AOR
For Respondent(s)<br>Mr. G. Prakash, AOR<br>Mr. Jishnu M.L., Adv.<br>Ms. Priyanka Prakash, Adv.<br>Ms. Beena Prakash, Adv.<br>Mr.Raja Rajeshwaran.S., Adv.<br>Mr. M. Yogesh Kanna, AOR<br>Mr. V. N. Raghupathy, AOR
<b>UPON</b> hearing the counsel the Court made the following<br>ORDER
Ld. Counsel is present on behalf of petitioner.<br>Appearance:

REGISTRAR COURT. 2

Ld. Counsel is present on behalf of respondents.

Four weeks' time, as last chance is given to respondent Nos.1, 2, 4 and 6 to file counter affidavit.

Ld. Counsel for respondent No.3 seeks and is given four weeks' time to file counter affidavit.

<sub>Signature Not Verified</sub> Service of notice is complete qua respondent Nos. 5 and 7 but Digital Scheme has entered appearance on their behalf. $\frac{88}{8}$

List again on 30.1.2020.

SECTION X

ITEM NO.70

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Case History of Orders

Order(5) - 24 Jan 2023

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Order(4) - 30 Jan 2020

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Order(3) - 22 Nov 2019

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Order(2) - 17 Jul 2019

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Order(1) - 12 Apr 2019

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