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Michael Kutty Mathew

High Court Of Kerala|27 November, 2014
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JUDGMENT / ORDER

The petitioners have approached this Court aggrieved by the proceedings initiated by the Kerala Women's Commission. The petitioners' case is that a civil suit is pending between the petitioners herein and also the complainant who approached the Women's Commission. It is further submitted that this complaint is with respect to the subject matter of the civil suit and is not maintainable before the Women's Commission.
2. I am of the view, any authority initiated any action or proceedings has power to decide its own jurisdiction. Therefore, petitioners' case is that without conducting any preliminary enquiry in terms of Section 17(2) of the Kerala Women's Commission Act the proceedings is initiated. In view of the matter, the Commission shall advert to the jurisdictional issue raised against and to pass appropriate WP(C).No.31785/2014-W.
2 orders before proceeding further in the matter. The petitioners have also a case that the second petitioner is not a party in the complaint and he is unnecessarily dragged before the Commission. This aspect is also to be adverted by the Commission. Therefore, there shall be a direction to the Commission, the first respondent to take a decision on these issues before proceeding further in this matter.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
// true copy //
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Title

Michael Kutty Mathew

Court

High Court Of Kerala

JudgmentDate
27 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri Ayyappan Sankar