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The
High court is the highest court of Justice in the state.
The High Court consists of a Chief Justice and a few other
judges. The high court have two types of Jurisdiction, the
original jurisdiction and the appellate jurisdiction. The
High Court's power to issue writ is called the original
jurisdiction. It has the original jurisdiction to issue
writs for the enforcement of the Fundamental Rights and
to settle union and state legislature election disputes.
The appellate jurisdiction of the High Court includes both
civil and criminal cases from the lower courts. The High
Court has the power of suerintendence over lower courts
in the state. It can give order or writ including Habeas
Corpus,Mandamus, Prohibition, Quo warrentio etc. to individuals,
Government and organisations that comes under its area of
jurisdiction. It settles the disputes between Civil and
Criminal courts in the name of Power for Jurisdiction. Using
the power of scrutiny it can stop a litigation and can interfere
in the jurisdiction of Lower courts. Though the officers
of High Court are appointed by the Chief Justice of High
Court, the law sanctioning the salary, allowances and pension
is approved by the Governor.
High
Court of Kerala came into being from 1st November 1956,
with its seat at Ernakulam. Its roots go back to the Rulers
of Travancore-Cochin, to Colonel Munro - the British Resident
and Diwan in the Travancore State and the political agent
in Cochin State- the architect of the well regulated judicial
system in both these native states, to the High Court of
Madras with its tradition of a hundred years and over, to
the Travancore High Court, to the Cochin High Court and
to the Travancore Cochin High Court.
Till
the time of Colonel Munro who was the British Resident and
Diwan of Travancore there was no provision for the administration
of justice in the form of independent Tribunals. In order
to reform the Judicial System he submitted a regulation
to reorganise the courts. Her Highness the Rani who insisted
upon the preservation of the trial by ordeal passed the
Regulation in 1811. In 1811, Zilla courts were established
and in 1814, a Huzur Court (Court of Appeal) was also established.
The Huzur Court was the final court of appeal. The Sadar
Court replaced this court of appeal (Huzur Court) in 1861.
The Sadar Court practically possessed all the powers now
exercised by the High Court, it functioned from 1861 to
1881. The High Court of Travancore was established in 1887
with five Judges, one of whom was the Chief Justice with
a Pandit to advise the judges on points of Hindu Law, by
the illustrious sovereign Sri. Visakham Thirunal of revered
memory. The first Chief Justice of Travancore High Court
was Mr. Ramachandra Iyer a young man of 35 then.
It
was during the Diwanship of Col. Munro in 1812 A.D. that
graded law courts came to be established for the first time
in Cochin State. Prior to that Desavazhis and Naduvazhis
settled disputes according to custom. More serious disputes
were sometimes taken to the king himself. Col.Munro established
two Sub Courts one at Trichur and other at Tripunithura.
A Huzur court of final appeal with three judges was also
established in Ernakulam. This system continued till 1835.
The Huzur Court was reconstituted as the Raja's Court of
Appeal and the Sub Courts were reconstituted as the Zilla
Court. The Zilla Courts were given unlimited jurisdiction,
but subject to confirmation by the Raja's court of appeal.
It was in 1900 that the Raja's Court of appeal was reconstituted
as the Chief Court of Cochin with three permanent Judges
with Mr. S. Locke, Bar at Law as the first Chief Judge.
Thereafter, during the Diwanship of Sri. Shanmukham Chettiyar,
the Chief Court became the High Court.
On
the integration of Travancore-Cochin State after independence
on 1st July 1949, it was on the 7th of July 1949 that the
High Court of Travancore-Cochin was inaugurated with its
seat at Ernakulam. The last Chief Justice of Travancore
High Court was Shri. Puthupally Krishna Pillai. Under the
state re-organisation Act, 1956 Travancore Cochin State
and Malabar were integrated to form the State of Kerala,
on 1st November 1956. High Court of Kerala was thus established
on that day. It inherited 3409 main cases from Travancore-Cochin
High Court and 1504 cases from the High Court of Madras.
Its territorial jurisdiction extends to the entire State
of Kerala and the Union Territory of Lakshadweep.
The High Court transacts its judicial functions, the Judges
sitting in Single, in Division Bench and in specifically
referred cases in Full Bench and also in Larger Bench.
The power of distribution of work in courts vests with the
Chief Justice and the work is distributed depending on the
subject matter of the cases.
The constitution of sittings and work distribution is published
daily.
There are all together 13 Judicial Sections in the High
Court to deal with 50 types of cases filed in the court
from filing to issue of Certified Copy of Judgment / Orders.
The cause list of cases posted before different courts /
chambers are also published daily and weekly.
There are 14 Principal District Courts. All of them, except
the District Courts at Thodupuzha, Manjeri and Thalasserry
are situated at the Head Quarters of the Revenue District.
There are 26 Addl. District Courts. Of them, the Addl. District
Courts at Mavelikkara and North Paravur are having filing
power independent of the Principal District Court. There
are 51 Sub Courts (18 Addl.) and 81 Munsiff Courts in the
State. There are 17 Munsiff-Magistrate Courts.
There
are seven Family courts functioning at Thiruvananthapuram,
Kollam, Ernakulam, Ettumanoor (Kottayam), Thrissur, Manjeri
and Kozhikode having jurisdiction over the respective District.
There are 22 Fast Track Courts functioning in the State.
There are two Special Courts exclusively for the trial of
NDPS cases at Thodupuzha and Vadakara. There are two Special
Courts for the trial of SPE/CBI cases and one Special Court
for the trial of Essential Commodities Act Cases at Thrissur
and one Special Court for the trial of cases relating to
Idamalayar Investigations.
There
are 19 Motor Accidents Claims Tribunals. In addition, District
Judges at Kalpetta and Kasargod also function as Motor Accidents
Claims Tribunal. Certain Addl. District Courts and certain
special courts in the State also function as Addl. Motor
Accidents Claims Tribunals. There are 3 Wakf Tribunals in
the State.
As
in the case of Subordinate Civil Judiciary, there are 14
Chief Judicial Magistrates, 4 Addl. Chief Judicial Magistrates
and 122 Courts of the Judicial Magistrates of First Class.
In
the Union Territory of Lakshadweep, the only District Court
is at Kavarathi; the headquarters of the Island. In addition
there are two Munsiff-Magistrate Courts, one at Androth
and the other at Amini. The Munsiff, Androth functions as
Chief Judicial Magistrate also.
LOWER COURTS
The
lower courts of High Court are the District Courts, Munsif
Courts, District Magistrate Courts, I Class, II Class, III
Class Magistrate courts etc.. The courts concerned with
the Jurisdiction of a District is under District Sessions
Court. District Courts handles Civil cases. The Sessions
court handles criminal cases.
for more details...
www.highcourtofkerala.nic.in
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