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2025 Supreme(Online)(Ker) 68049
KERALA HIGH COURT
Easwaran S., J.
S. F. S. Royal Greens Owners' Association v. Devaraj
R. S. A. No. 536 of 2025
The Court emphasizes strict adherence to procedural rules regarding report submissions, highlighting the necessity for formal communication.
Headnote:This judgment addresses procedural concerns regarding the improper communication of case reports to the Court. The Court established that the Registry must refrain from directly contacting parties to solicit reports unless explicitly directed, ensuring adherence to judicial processes. The ruling mandates that any report forwarded must be via an appropriate affidavit from authorized representatives, underscoring the importance of procedural integrity. Final order specifies that the report in question shall not be accepted unless filed correctly.
| Table of Content |
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| 1. court's directive to ensure procedural compliance in report handling. (Para 1 , 2 , 3) |
| 2. report must be formally submitted via authorized affidavit. (Para 4) |
1. This Court had by order dated 28.10.2025, directed the learned Standing Counsel for the Thiruvananthapuram Corporation to file a report after causing inspection to the pathway in question.
2. Today, when the matter is taken up for consideration, the learned Standing Counsel voiced a grievance that there was a direct call from the Registry to the office of the Corporation to file a report and it seems that, in compliance with the said request, the report appears to have been directly forwarded to this Court without his knowledge.
3. The Registry shall ensure that such practices are hitherto discontinued. The Registry shall, hereafter, unless specifically directed by the Court, refrain from calling the parties to the appeal, whether private or public institution and solicit any such report in purported compliance with the orders passed by this Court. However, this direction shall not apply to cases where, reports are called by the Court from the Trial Courts. In such cases, it is the duty of the Registry to ensure that the orders of the Court are duly communicated and reports called for and included in the files.
4. Since in the present case, pursuant to the call made by the Registry, the Corporation appears to have forwarded the report, it is ordered that the same shall not be taken on record, unless it is filed through an appropriate affidavit sworn to by the Secretary of the Thiruvananthapuram Corporation and filed through the learned Standing Counsel.
Post the appeals for further consideration on 01-12-2025.
