Back
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
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 interim order on 03.04.2025, by directing the 1st respondent State (appellant herein) to pay stipend to the petitioners, as ordered by another learned Single Judge in the order dated 08.12.2023 in I.A.No.2 of 2023 in W.P.(C)No.24320 of 2023.
3. Challenging the interim order dated 03.04.2025 of the learned Single Judge in W.P.(C)No.8031 of 2025, the 1st respondent State is before this Court with
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....
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.
The court emphasized the necessity of consistency in judicial decisions, ruling that similar writ petitions should be heard together to avoid contradictory judgments.
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 must not determine rights without final adjudication; their appealability depends on whether they materially affect the main case.
Interim orders may be appealable if they determine rights affecting the main case, despite being interlocutory.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
