IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran,J, P. V. Balakrishnan, J
Principal, Century International Institute Of Dental Science And Research Centre – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Anil K. Narendran, J.
The petitioner in W.P.(C)No.8960 of 2025 has filed this writ appeal, invoking provisions under Section 5(i) of the KERALA HIGH COURT ACT , 1958, challenging the interim order dated 06.03.2025 of the learned Single Judge in that writ petition. The said writ petition was filed by the petitioner, namely, the Principal, Century International Institute of Dental Science and Research Centre, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 communication dated 24.02.2025 issued by the 3rd respondent Kerala University of Health Sciences, whereby the petitioner is required to furnish the details of students and house surgeons currently doing BDS course at Century International Institute of Dental Science and Research Centre, in the format given in the said communication, on or before 28.02.2025. The said communication is one issued based on the request made by the 4th respondent Director of Medical Education, Kerala, to the 3rd respondent University, to take steps to reallocate BDS students in the Dental College on the ground that the college lacks hospital facil
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 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.
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.
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....
Interim orders may be appealable if they determine rights affecting the main case, despite being interlocutory.
Interim orders must not determine rights without final adjudication; their appealability depends on whether they materially affect the main case.
Interim relief in educational admissions must not equate to final relief unless justified; compliance with statutory standards is essential for approval.
Writ jurisdiction must align with statutory procedures; courts should exercise restraint in commercial matters, particularly regarding SARFAESI Act enforcement.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.