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2026 Supreme(Online)(Ker) 3129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
RATHEESH .V – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 10279 OF 2024



Important Points

The court established that service matters do not permit public interest litigation, leading to the withdrawal of the writ.

Subject

Civil Law - Public Interest Litigation

Headnote

This judgment involves an analysis of an Interlocutory Application pertaining to a writ petition. It was found that a writ of Quo Warranto would not lie, and a public interest litigation was deemed appropriate. Ultimately, the court dismissed the public interest litigation as withdrawn. The issue framed was whether the nature of the matter allowed for public interest litigation. The court reasoned that service matters require a different approach compared to public interest litigation. The final outcome was the dismissal of the Public Interest Litigation as withdrawn.

Advocates:
For the Appellants/Petitioners: SHRI.S.BALACHANDRAN (KULASEKHARAM), SRI.V.R.GOPU
For the Respondents: SMT.ANJALY T.A, SRI.P.N.SANTHOSH, SHRI.M.A.ASIF, SMT.K.P.GEETHA MANI, SRI.T.A.SHAJI (SR.)

JUDGMENT

SOUMEN SEN, C.J.

The learned counsel for the petitioner has filed an Interlocutory Application No. 1 of 2026, wherein, in paragraph Nos. 2 and 3, it is stated as follows:

“2) This honorable court has found that writ of Quo Warranto will not lie and writ of public interest litigation alone is maintainable and converted the writ as public interest litigation.

3) The matter involved is a service matter and the petitioner is under the impression that public interest litigation will not lie in the service matter.”

2.In view of the aforesaid submissions made by the learned counsel for the petitioner, the application is allowed, and consequently, the Public Interest Litigation stands dismissed as withdrawn.

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