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2019 Supreme(Ker) 497

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Sobhana W/o Balakrishnan – Petitioner
Versus
Panavally Grama Panchayath – Respondent
W.P. (C) No. 21885 of 2019
Decided On : 09-08-2019

Headnote:

Rules of the High Court of Kerala, 1971- Rule 148 - As per the first proviso, in cases where the State Government is a party the Secretary to the Government Department concerned shall be arrayed as party representing the Government- As per the second proviso, if the subject matter of the petition relates to two or more Government Departments or if the petition is of such a nature, the disposal of which warrants information from two or more Government Departments, the Chief Secretary to Government and the Secretaries to those Government Departments shall be made as party representing the Government.

ORDER :

1. The description of the 3rd respondent in the cause title of this writ petition is as follows:

"State of Kerala,

Rep. by Sub-Collector, Alappuzha,

Through Public Prosecutor, High Court of Kerala."

2. Rule 148 of the Rules of the High Court of Kerala, 1971 deals with addition of parties. As per the said rule, 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.

3. As per the first proviso, in cases where the State Government is a party the Secretary to the Government Department concerned shall be arrayed as party representing the Government. As per the second proviso, if the subject matter of the petition relates to two or more Government Departments or if the petition is of such a nature, the disposal of which warrants information from two or more Government Departments, the Chief Secretary to Government and the Secretaries to those Government Departments shall be made as party representing the Government.

4. The petitioner to file an application to amend the cause title in order to show the correct description of the 3rd respondent.

5. List on 13.08.2019

6. Registry shall ensure strict compliance of the first proviso to Rule 148 of the Rules of the High Court of Kerala, 1971 in all writ petitions in which State Government is a party.

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