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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
| Table of Content |
|---|
| 1. petitioner challenges interim order based on perceived prejudices. (Para 1 , 2) |
| 2. court analyzes maintainability of appeal against interim orders. (Para 3) |
| 3. appellant argues interim order insufficient to protect interests. (Para 4 , 8) |
| 4. appellant argues interim order insufficient to protect institution. (Para 5) |
| 5. maintainability criteria for appeals under section 5(i) established. (Para 7 , 9 , 11) |
| 6. interlocutory orders must address substantial rights for appeal. (Para 10) |
| 7. writ appeal dismissed on maintainability grounds. (Para 12) |
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 Uni
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....
Interlocutory orders can be appealable under certain circumstances if they affect substantive rights, even if termed interim.
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 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....
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