Judge Bound To Hear Cases As Per Roster; Litigants Can't Engage In Forum Shopping: Kerala HC

The Kerala High Court has recently observed that judges are bound to hear the cases as per the roster prepared by the Chief Justice and that litigants cannot pick and choose the judges that have to hear their cases.

The observation was made Justice P.V. Kunhikrishnan while hearing a party-in-person whose writ petition was noted with defects for not taking steps to issue notice to the respondents.

When the matter came up for consideration, the petitioner appeared in person and submitted that the Court should avoid this writ petition because earlier it had imposed a cost on the petitioner in another proceeding.

When the petitioner refused to make further submissions, the Court observed that imposition of cost in one case will never lead to the imposition of cost in all the cases by the petitioner and that cases are decided on their merits.

It further observed that as per the roster prepared by the Chief Justice, the case heard to be heard before the present Court and that a litigant cannot dictate to the Court to avoid his case.

The Court remarked, “A litigant cannot dictate to the Court that the case should be avoided by a Judge. The roster is prepared by the Hon'ble the Chief Justice. The Judge, who is hearing the case, can decide to avoid the case if necessary. But a litigant cannot dictate to the Court to avoid his case by a Judge who is allotted the jurisdiction by the Hon'ble Chief Justice as per the roster. If such a practice is started, the litigants can pick and choose the judge who has to hear their case. The same cannot be allowed.”

The learned judge noted that the submissions made by the petitioner was contemptuous but did not take proceedings against him since he was appearing in person. However, he observed that if such submissions are made in the future, proceedings will be initiated in accordance with law.

The Court thereafter dismissed the writ petitioner since no steps were taken in the case.

Case No: WP(C) Filing No. 33689 of 2025

Case Title: Asif Azad v. Jaimon Baby and Anr.

Citation: 2025 LiveLaw (Ker) 422

Counsel for the respondents: C.S Hrithwik, Sr PP