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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
State Of Kerala, Represented By The Principal Secretary, Department Of Health And Family Welfare – Appellant
Versus
Agnimithra Thumbayil – Respondent
| Table of Content |
|---|
| 1. petitioners seek stipend through writ. (Para 1) |
| 2. interim orders and procedural aspects. (Para 2 , 3 , 4) |
| 3. arguments presented by parties. (Para 5 , 6) |
| 4. maintainability of writ appeals explored. (Para 7 , 8) |
| 5. interpretation of interim relief in similar cases. (Para 9 , 10) |
| 6. final decision on interim order appeal. (Para 11) |
| 7. writ appeal leads to order set-aside. (Para 12) |
JUDGMENT :
Anil K. Narendran, J.
The appellant is the 1st respondent in W.P.(C)No.8031 of 2025, which is one filed by respondents 1 to 10 herein- petitioners, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 12th respondent herein-Kannur Medical College (3rd respondent in the writ petition), to grant stipend to them for the entire period of Compulsory Rotating Medical Internship (CRMI) undergone by them in Kannur Medical College; a writ of mandamus commanding the 1st respondent State to grant stipend to them for the entire period of CRMI undergone by them in Kannur Medical College, granting permission to the State to realise the same from the College.
2. In the writ petition, the learned Single Judge granted an
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.
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 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....
The court found consideration of the writ appeal on merits unwarranted, as the interim order was effectively moot due to developments in the related writ petitions.
The interim order of payment of salary to the petitioner as Professor stands due to prior approvals; the appeal is dismissed as moot.
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....
Interim relief in educational admissions must not equate to final relief unless justified; compliance with statutory standards is essential for approval.
Judgment discusses the scope of interim orders and the necessity of addressing underlying merits in related cases.
The jurisdiction of appeal is limited where the underlying writ petition has already been resolved.
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