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Additional Counter Affidavit

  01 December 2010       Share Bookmark

Court :
Supreme Court of India
Brief :

Citation :
(1998) 8 SCC 628 S. Lakshmi And Ors. vs State Of Kerala


1. A request has been made on behalf of the State of Kerala for further time to file an additional counter-affidavit to the amended writ petition(s). We find no reason why time, as prayed for, be not granted. But we are of the opinion that the venue of hearing of these cases must shift to the Kerala High Court since interpretation of certain provisions of a local statute, namely, the Kerala Essential Articles Control Act, 1986, is expected to be made by the Court. We, therefore, order that the file of this case is sent on transfer to the Kerala High Court to be treated as a petition under Articles 226-227 of the Constitution of India and to be disposed of in accordance with law.

2. The additional counter-affidavit may be filed by the respondent-State of Kerala in the Kerala High Court within 8 weeks. The High Court is requested to dispose of this matter(s) within six months, if possible.

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Published in Constitutional Law
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