Writ Court Cant Implement Decree Without Public Law Element: Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholic
Case: KA John & Anr v. State of Kerala & Ors.
Coram: Justice A. Muhamed Mustaque and Justice Sophy Thomas
Case No.: WA NO. 28 OF 2022
Court Observation: “The power of the High Court under Article 226 of the Constitution of India to issue various writs is relatable to the public law remedy. If there is no public law element to invoke Article 226 of the Constitution, the High Court cannot act on prayers to implement the judgment of the Apex Court.”
“In this case, we find there exists no public law element. If the consecration of Catholics is not in accordance with the directions of the Apex Court, the executing court can very well ensure the implementation of the directions.”
“In a dispute involving pure private law element, the constitutional court shall not invoke writ jurisdiction to enforce a judgment, unless enforcement itself lies on Public Law. There exists absolutely no public law element in this case.”
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