Kerala High Court
Ex No:2587173 A Lance Naik Ramakrishnan ... vs Union Of India on 30 August, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 30th day of August 2024 / 8th Bhadra, 1946
WP(C) NO. 23871 OF 2024 (H)
PETITIONER:
EX NO:2587173 A LANCE NAIK RAMAKRISHNAN K.G., AGED 59 YEARS, S/O
LATE. K. GOVINDAN R.S. NIVAS, NEDUMGOLAM, PARAVOOR, KOLLAM DISTRICT,
KERALA, PIN - 691 334.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI, PIN - 110 011.
2. THE CHIEF OF ARMY STAFF, INTEGRATED HEAD QUARTERS (ARMY), SOUTH
BLOCK, NEW DELHI, PIN - 110 011.
3. O IC DSC RECORDS, MILL ROAD, BURNACHERRY P.O., KANNUR, PIN - 670
013.
4. THE DIRECTOR (DSC), HQ K & K SUB AREA (DSC), C/O 56 APO, PIN - 900
493.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent to comply with Exhibit P-1 order
passed by Hon'ble AFT within a reasonable time frame.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
22.08.2024 and upon hearing the arguments of SRI.RATHEESH B., Advocate for
the petitioner and of SRI.C.DINESH, Advocate for the 1st respondent, the
court passed the following:
W.P.(C)Nos.23871 and 26151 of 2024
1
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
.......................................................................
W.P.(C)Nos.23871 and 26151 of 2024
..............................................................
Dated this the 30th day of August, 2024
ORDER
Anil K. Narendran, J.
The relief sought for in these writ petitions filed under Article 226 of the Constitution of India is a writ of mandamus commanding respondents to comply with the order passed by the Armed Forces Tribunal, Regional Bench, Kochi in the original applications filed by the petitioner in the respective writ petitions.
2. During the course of arguments, the learned counsel for the petitioner in the respective writ petitions and also the learned Deputy Solicitor General of India-in-charge would point out the provisions under Sections 19 and 29 of the Armed Forces Tribunal Act, 2007 and Rule 25 of the Armed Forces Tribunal (Procedure) Rules, 2008. The submission made by the learned counsel for the petitioners in the respective writ petitions is that 217 execution petitions, which are numbered as Miscellaneous Applications, are pending before the Armed Forces Tribunal, Regional Bench, Kochi, which include applications pending for more than two years.
3. The learned Deputy Solicitor General of India-in- charge to address arguments on the powers of the Tribunal under W.P.(C)Nos.23871 and 26151 of 2024 2 Rule 25 of the Procedural Rules.
4. Having regard to the importance of the matter, which requires detailed consideration, we deem it appropriate to appoint Senior Advocate M.R. Hariraj as an Amicus Curiae to assist the Court.
List on 04.09.2024 at 02:00 p.m. Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE Dxy 30-08-2024 /True Copy/ Assistant Registrar