Lack Of Necessary Parties, Specific Averments In Writ Petition Can’t Be Cured By Filing Impleadment Application: Kerala High Court
Case: Gopakumar P. v Travancore Devaswom Board
Coram: Justice Anil K. Narendran and Justice G. Girish
Case No.: WP(C) NO. 37283 OF 2023
Court Observation: “A mere application for impleadment, after the filing of this writ petition, will not serve the purpose, since the writ petition for seeking such a relief should contain specific allegations against the Temple Advisory Committee and its members. In the absence of necessary averments in the writ petition in support of the reliefs sought for and necessary parties in the party array, we find no reason to entertain this writ petition.”
“Rule 148 of the Rules of High Court of Kerala, 1971 deals with addition of parties. As per Rule 148, all persons directly affected shall be made parties to the petition. Where such persons are numerous, one or more of them may with the permission of the court on application made of the purpose be impleaded on behalf of or for the benefit of all persons so affected; but notice of the Original Petition shall, on admission, be given to all such persons either by personal service or by public advertisement as the Court in each case may direct.”
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Keywords
Lack Of Necessary Parties, Kerala High Court
