IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K. NARENDRAN, MR.JUSTICE P. V. BALAKRISHNAN, JJ
P.M. Janardanan – Appellant
Versus
Parassinikadavu High School Society – Respondent
JUDGMENT :
ANIL K. NARENDRAN, J.
1. Respondents 6 to 9 in W.P. (C) No.38692 of 2023 are before this Court in this writ appeal, invoking provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the interim order dated 27.03.2025 of the learned Single Judge in that writ petition, which was one filed by respondents 1 and 2 herein-writ petitioners seeking a writ of certiorari to quash Ext.P12 order dated 15.11.2023 of the 1st respondent State to the extent it directs the 6th respondent District Educational Officer, Kannur, to take over the management of Parassinikadavu Higher Secondary School and High School. The interim relief sought for in that writ petition is an order seeking stay of the operation and implementation of the direction issued in Ext.P12 order, to the extent it directs the 6th respondent District Educational Officer to take over the management of Parassinikadavu Higher Secondary School and High School.
2. When W.P. (C) No.38692 of 2023 came up for admission, the learned Single Judge granted an interim stay of Ext.P12 order, as sought for in that writ petition, which is still in force. The appellants-respondents 6 to 9 filed W.P. (C) No.12881 of 2024 c
An appeal against an interim order is permissible if it substantially affects the rights or liabilities of the parties, as per Section 5(i) of the Kerala High Court Act.
A writ appeal against an interim order is not maintainable if the petitioner is not aggrieved by the order and has already received the sought relief.
An ‘order’ obviously cannot include mere procedural orders of adjournment, admission of writ, summoning of documents or witnesses, or directing local inspection etc. which orders do not seriously aff....
An interim order affecting substantial rights qualifies for appeal under Section 5(i) of the Kerala High Court Act, 1958, especially when it seeks to enforce final relief without a substantive hearin....
An interim order affecting substantial rights can be appealed under Section 5(i) of the Kerala High Court Act, 1958, if it is not merely procedural.
Interim orders must not determine rights without final adjudication; their appealability depends on whether they materially affect the main case.
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
Interim orders may be appealable if they determine rights affecting the main case, despite being interlocutory.
Ad-interim interim orders issued at the admission stage of a writ petition cannot be appealed under the Kerala High Court Act.
Writ jurisdiction must align with statutory procedures; courts should exercise restraint in commercial matters, particularly regarding SARFAESI Act enforcement.
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