Abdul Nazar P. T vs. The State Of Kerala

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'Ble The Chief Justice
Case Status:Pending
Order Date:30 Jan 2020
CNR:SCIN010116142019

AI Summary

In a Supreme Court writ petition, the Registrar has issued procedural directions regarding the filing of counter-affidavits. While some state respondents have complied, others have not, leading to a final four-week extension for one respondent, setting the stage for the case to be heard by the main bench.

Ratio Decidendi:
No substantive ratio decidendi can be extracted from this purely procedural order issued by the Registrar.
Obiter Dicta:
There are no significant obiter dicta or general observations on law beyond the immediate procedural context.

Case Identifiers

Primary Case No:W.P.(C) No. 424/2019
Case Type:Writ Petition (Civil)
Case Sub-Type:Writ Petition - Procedural Compliance
Secondary Case Numbers:Filing Number: 11614/2019
Order Date:2020-01-30
Filing Year:2019
Court:SUPREME COURT OF INDIA
Bench:Registrar
Judges:Hon'ble Rajiv Kalra

Petitioner's Counsel

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
M. Yogesh Kanna
Advocate on Record - Appeared
Uma Prasuna Bachu
Advocate - 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 order pertains to Writ Petition (Civil) No. 424/2019, filed by Abdul Nazar P.T. against the State of Kerala & Ors. On the hearing date of January 30, 2020, the Registrar observed that service was complete for Respondent Nos. 5 and 7, but they failed to appear. Respondent Nos. 1 and 4 had already filed their counter-affidavits. However, Respondent Nos. 2 and 6 had not filed theirs, and Respondent No. 3 was granted a final four-week extension to file their counter-affidavit. The matter is to be listed before the Hon'ble Court thereafter.

Timeline of Events

2019-03-29

Case filed in Supreme Court.

2019-04-02

Case registered.

2020-01-30

Hearing before Registrar. Service complete on R5 & R7; R1 & R4 filed Counter Affidavit; R2 & R6 failed to file; R3 granted four weeks last chance to file Counter Affidavit.

Key Factual Findings

Service is complete upon Respondent Nos. 5 and 7.

Source: Current Court Finding

Respondent Nos. 5 and 7 have not entered appearance.

Source: Current Court Finding

Respondent Nos. 1 and 4 have already filed their Counter Affidavit.

Source: Current Court Finding

Respondent Nos. 2 and 6 have failed to file their Counter Affidavit.

Source: Current Court Finding

Respondent No. 3 has not yet filed their Counter Affidavit.

Source: Current Court Finding

Primary Legal Issues

1.Procedural compliance with court directions regarding timely filing of counter-affidavits by respondents.

Court's Reasoning

The Registrar's decision is based on the current status of compliance by the respondents. Noting that service was complete on some respondents who had not appeared, and that others had either filed or failed to file counter-affidavits, the Registrar exercised administrative authority to grant a final opportunity to Respondent No. 3 and schedule the matter for listing before a judicial bench.

Judicial Philosophy Indicators:
  • Strict Adherence to Procedure
Order Nature:Procedural
Disposition Status:Pending

Specific Directions

  1. 1.Four weeks' time, as a last chance, is granted to Respondent No. 3 to file Counter Affidavit.
  2. 2.List the matter before the Hon'ble Court as per rules after expiry of four weeks.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order issued by a Registrar, not a judicial pronouncement on a point of law by a bench of judges. Its scope is limited to case management and compliance with court rules.

Tips for Legal Practice

1.Always ensure timely filing of counter-affidavits and other required documents to avoid 'last chance' extensions and potential adverse orders.
2.Proactively track the status of service and ensure client appearance, as non-appearance despite service can lead to ex-parte proceedings.
3.Registrar orders, while procedural, are crucial for case progress and reflect the court's expectation of adherence to timelines.

Legal Tags

Supreme Court Writ Petition Procedural ComplianceCounter Affidavit Filing Delay ManagementRegistrar Judicial Order Supreme CourtService of Notice Compliance StatusAdjournment for Procedural Completion India

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:

Fixed Date by Court

Before:

Registrar

Stage:

SERVICE/COMPLIANCE-BEFORE REGISTRAR(J)

Remarks:

List After (Weeks) [4], List before court/bench

Listed On:

30 Jan 2020

In:

Registrar

Category:

UNKNOWN

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR SH. RAJIV KALRA

Writ Petition(s)(Civil) No(s). 424/2019

ABDUL NAZAR P.T. Petitioner(s)

VERSUS

THE STATE OF KERALA & ORS. Respondent(s)

Date : 30-01-2020 This petition was called on for hearing today.

For Petitioner(s) Ms. Lakshmi N. Kaimal, AOR

For Respondent(s)

Mr. G. Prakash, AOR Mr. Jishnu M. L, Adv. Mrs. Priyanka Prakash, Adv.

Mr. M. Yogesh Kanna, AOR Ms. Uma Prasuna Bachu, Adv. Mr. V. N. Raghupathy, AOR

UPON hearing the counsel, the Court made the following O R D E R

Service is complete upon respondent Nos. 5 and 7, but no one has entered appearance on their behalf.

Respondent Nos. 1 and 4 have already filed the Counter Affidavit.

Respondent Nos. 2 and 6 have failed to file the Counter Affidavit. Digitally signed by Rajiv Kalra Date: 2020.01.30 Signature Not Verified

Four weeks' time, as a last chance is granted to Respondent No. 3 to file Counter Affidavit. 17:04:46 IST Reason:

ITEM NO.78 REGISTRAR COURT. 2 SECTION X

List the matter before the Hon'ble Court as per rules after expiry of four weeks.

RAJIV KALRA Registrar

pm

Share This Order

Case History of Orders

Order(5) - 24 Jan 2023

ROP - of Main Case

Click to view

Order(4) - 30 Jan 2020

ROP - of Main Case

Viewing

Order(3) - 22 Nov 2019

ROP - of Main Case

Click to view

Order(2) - 17 Jul 2019

ROP - of Main Case

Click to view

Order(1) - 12 Apr 2019

ROP - of Main Case

Click to view