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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, C.J., SYAM KUMAR V.M.
G. Sasidharan, S/o. Gangadharan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. factual basis for the writ petition. (Para 1 , 6 , 9) |
| 2. arguments regarding appointments and qualifications. (Para 2 , 3 , 29) |
| 3. legal understanding of public office. (Para 15) |
| 4. criteria for issuing a writ of quo warranto. (Para 21 , 51) |
JUDGMENT :
Soumen Sen, C.J.
This writ petition has been filed invoking a writ of quo warranto against the 6th and 7th respondents who are appointed as Executive Trainees on 25.07.1991 on contract basis under the 4th respondent.
2. At the admission stage of the writ petition, the learned Single Judge, after recording that the petitioner does not have interest for himself against the post which has been held by respondent Nos. 6 and 7 in the Kerala Tourism Development Corporation (KTDC) and in the writ petition it is alleged that the respondent Nos. 6 and 7 who are holding the post of the Manager in KTDC at the time of their initial appointment did not have the requisite qualifications, directed the Registry to place the matter before the Hon’ble Division Bench dealing with the subject matter with a further direction upon the petitioner to disclose his credentials by filing an affidavit for maintaining the writ petition as prescribed
The posts held by the respondents do not qualify as public offices since they lack the exercise of sovereign functions, making the writ of quo warranto inappropriate.
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
Point of Law : Since the appointment of the 7th respondent is made, creating a supernumerary post, there is no other option to the petitioner, than to approach this Court, by filing a writ petition s....
The Government decided to create four wings in the Food Safety and Standards Department so as to efficiently and appropriately carry out the functions of the said department. It is curious to note th....
A writ of quo warranto can be issued only when a public office is unlawfully held, but the petitioner failed to establish disqualification of the 5th respondent, leading to the dismissal of the petit....
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