The bench headed by Justice Devan Ramachandran was hearing a plea filed by a lawyer practicing in Kottayam, whose name had been removed from the list of lawyers eligible to be appointed as commissioners simply because she had requested an increase in her allowance (batta). The petitioner was initially appointed as the advocate commissioner to take possession of the scheduled premises. However, following some issues in the matter, the petitioner surrendered the commission warrant. Subsequently, the magistrate directed the petitioner to remit Rs. 2500, as the petitioner had only taken partial possession of the scheduled premises. Additionally, the magistrate ordered that the petitioner's name be struck off the list of commissioners.
During the case proceedings, Justice Ramachandran emphasized that the matter should not be perceived as a conflict between the bar and the bench. He emphasized that there should be no division between these two entities in the operation of the legal system.
The court rebuked the petitioner for requesting a higher allowance and expressed that the petitioner failed to comprehend the honor bestowed upon her when appointed as a commissioner. Instead, she operated under the assumption that she was entitled to charge as if it were a commercial endeavor, based on the volume of work completed and hours invested.
The court further underscored the importance of mentors for young lawyers and criticized the magistrate's actions. It emphasized that the magistrate should have recognized that the mind of a young lawyer is akin to a turbulent sea, due to the various challenges and uncertainties encountered by newcomers. The court stressed that sustaining a career in the legal profession requires the dedicated support and collaboration of both the bar and the bench.
The petition was filed by Advocates Apoorva Ramkumar, V Ramkumar Nambiar, V John Sebastian Ralph, Vishu Chandran, and Giridhar Krishna Kumar.
Case Title: Greeshma Viji v. Chief Judicial Magistrate, Kottayam
Case Number: WP(C) No. 8136 of 2024
