The court emphasized the discretionary power of the court in an interim application for impleadment and the principles of necessary and/or proper party.

JUDGMENT :

Abhay S. Oka, J.

By the impugned order, the learned Single Judge has directed the appellant -writ petitioner to implead the fifth to eighth respondents herein as party respondents in the writ petition filed by the appellant. The fifth to eighth respondents filed Writ Petition Nos.47781-47784/2017. The prayer in the said writ petitions under Article 226 of the Constitution of India was to direct the respondents State of Karnataka and others to take action of closure of illegal industries run by the fourteenth to sixteenth respondents in the said writ petitions. The present appellant was the fifteenth respondent in the said writ petitions. The said writ petitions preferred by the fifth to eighth respondents were disposed of by a Division Bench of this Court by an order dated 10th January 2018 by recording the statement made by the learned Additional Government Advocate that the grievance of the fifth to eighth respondents herein (writ petitioners in the said writ petitions) will be examined and appropriate action will be taken by the Karnataka State Coastal Zone Management Authority (for short 'KSCZMA') within a period of six weeks from the said date. On the basis of the said assurance given that an order dated 15th March 2018 was passed by the KSCZMA directing demolition of a portion of fish processing unit of the appellant which is constructed within 100 mts. from the HTL of Udyavara river. By filing a writ petition, the present appellant has challenged the said action of the KSCZMA.

2. As the action impugned in the writ petition filed by the appellant was taken on the basis of an order made in the writ petitions filed by the fifth to eighth respondents, the said respondents applied for impleadment and by the impugned judgment and order, the learned Single Judge allowed the application for impleadment. In the impugned order, the learned Single Judge observed that the fifth to eighth respondents had initiated the proceedings against the appellant by way of writ petitions in which the aforesaid order dated 10th January 2018 was passed. The learned Single Judge proceeded to observe that the said respondents are vitally interested in the result of the litigation and being the residents of the area, they have a right to pollution free environment.

3. The learned counsel appearing for the appellant has assailed the impugned judgment firstly by pointing out that though the learned Single Judge in the impugned order has referred to two decisions of the Apex Court and one decision of the learned Single Judge of this Court relied upon by the appellant, he has not considered the law laid down therein. He submitted that the learned Single Judge ought to have dealt with the law laid down in the said decisions. He submitted that the approach of the learned Single Judge is erroneous inasmuch as only because the rights of the persons are likely to be affected, such persons do not become necessary and/or proper parties. He invited our attention to the decision of this Court in the case of SRI M. NARAYANA AND ANOTHER vs. SMT. RAMAKKA AND OTHERS, (2016) ILR(Kar) 2979 on the concept of necessary and/or proper party. He also relied on the decision of the Apex Court in the case of SURJIT SINGH AND OTHERS vs. HARBANS SINGH AND OTHERS, (1995) 6 SCC 50.

4. Lastly, he invited our attention to an order of temporary injunction dated 23rd February 2019 passed by the learned Principal Senior Civil Judge, Udupi in the suit filed by the appellant against the fifth to eighth respondents. He invited our attention to the findings recorded therein and the order of injunction passed therein. The relevant part of the order of injunction reads thus:

"Consequently, interim injunction is issued against the defendants from publishing, circulating, distributing or making any representations to anyone including the Authorities that the plaintiff company is manufacturing or running its business without license, permission or sanction from the Authorities including t