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2008 Supreme(Ker) 612

K.T.SANKARAN
Nithin Norbert, Puthenveetil House – Appellant
Versus
University Of Kerala, Represented By – Respondent


Advocates Appeared:For the Petitioners:K. Gopalakrishna Kurup, Advocate. For the Respondents: M. Rajagopalan Nair, SC, Kerala UTY.

Judgment :

The questions involved in this Writ Petition are: (1) Whether the Lok Ayukta and the Upa Lok Ayukta appointed under the Kerala Lok Ayukta Act, 1999 have jurisdiction to allow amendment of a complaint or an application; and (2) Whether the Lok Ayukta and the Upa Lok Ayukta have power to invoke Rule 8 of Order I of the Code of Civil Procedure and permit a representative action being taken, empowering one or more parties in the complaint to defend the complaint in a representative capacity on behalf of others who are not parties to the proceedings.

2. The writ petitioners are not parties to the proceedings before the Lok Ayukta. Their grievance is against Exts.P3 and P5 orders passed by the Upa Lok Ayukta. As per Ext.P5 order dated 4th July, 2008, the Upa Lok Ayukta impleaded additional respondents 4 and 5 (respondents 5 and 6 in the Writ Petition) in a representative capacity representing similarly situated persons. By the same order, the Upa Lok Ayukta directed the complainant (respondent No.4 in he Writ Petition) to make a publication to that effect in a leading Malayalam daily requesting such persons who are not made parties to "offer their comments". It was also held in






































































































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