Petition in Kerala HC against the appointment of Sr. Advocate MK Damodaran as Legal Advisor of CM [Read Petition]

A Writ Petition has been filed in the High Court of Kerala, challenging the appointment of Senior Advocate Sri. The Government had created the post of Legal Advisor, through a special order, to aid and advice the Chief Minister. The Government had created the post of Legal Advisor, through a special order, to aid and advice the Chief Minister of Kerala. According to the Petition “the moot question raised and to be decided in this writ petition is, when there is an Advocate General duly appointed by the Governor as provided under the Constitution to advise the State Government, can the State Government appoint and retain a Legal Advisor to the Chief Minister in addition to the Advocate General and, if so, what would be the official status and protocol position of the said Legal Advisor vis a vis the Advocate General, and whether his advice would override that of the Advocate General, and whether he can appear in cases, civil or criminal, against the interest of the State Government and that of the state or in cases where the Government is involved. Therefore the Government is not at all justified in appointing a Legal Advisor to the Chief Minister in addition to the Advocate General, which would result in subverting the constitution.” The Petitioner has sought the following prayers: i) issue a Writ of Certiorari or a direction or order quashing the Order of Appointment as arbitrary and illegal; ii) issue a Writ of Prohibition and injunction restraining the State of Kerala and Chief Minister from treating Sri MK Damodaran as Legal Advisor to the Chief Minister.