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2026 Supreme(Online)(Ker) 13736

KERALA HIGH COURT
, , JJ
Prabhu K. N. (Adv.) v. M. K. Surendran
Writ Appeal No.2385 of 2025 | W.P.(C)No.32937 of 2023 | W.P.(C)No.24269 of 2024



A third party cannot be joined as an additional appellant in a writ appeal without the existing appellant's consent, preserving procedural integrity and avoiding conflicting interests.

Headnote:(A) Constitution of India - Article 226 - High Court Rules, 1971 - Joinder of parties - The court examined whether a third-party could be added as an additional appellant in a writ appeal filed by one of the parties to the writ petition. The applicant's request was denied as there is no provision for a third-party to join an appeal in the absence of the existing appellant's consent, which leads to conflicting interests. The right to be a party to the appeal rests primarily with the existing appellant. (Paras 1, 9, 30)

Facts of the case:
The 1st respondent is a company that sought police protection to develop its property for use as a football ground, facing obstruction from local parties. The single judge ordered police protection but dismissed a related writ petition. The 4th respondent, aggrieved by the decision, filed a writ appeal.

Issues: Whether a third party can implead themselves in an appeal without the consent of the existing appellant.

Ratio Decidendi: The court determined that without the existing appellant's consent, a third party does not have the right to join an appeal, and remedies should be sought through a separate appeal.

Result: Application to implead as an additional appellant is denied.

Table of Content
1. entitlement to seek impleadment in a writ petition (Para 1 , 2 , 3)
2. arguments on impleadment of a third party as appellant (Para 4 , 9 , 10 , 11 , 12)
3. court's analysis on the applicant's request for impleadment (Para 5 , 8 , 13 , 20 , 30)
4. rules governing addition and joinder of parties (Para 17 , 19 , 22 , 26)
5. conclusion on objections regarding impleadment (Para 31)

1. The point that we decide in this order is as to whether a third party who claims to be aggrieved by the judgment in a writ petition can file an application to implead himself as an additional appellant in an appeal filed by one of the parties to that writ petition?

2. The 1st respondent - writ petitioner, which is a company, represented by its Chairman, filed W.P.(C)No.32937 of 2023 under Art.226 of the Constitution of India , seeking the following reliefs:
"(i) To issue a Writ of mandamus or any other writ, order or direction directing the respondents 1 to 3 grant necessary and adequate police protection for enjoyment and effectively using properties covered by Exts.P1 and P1(a) without any obstruction from respondents 5 to 8 and persons whom they represent.
(ii) To issue a writ of Mandamus or any other writ, order or direction directing the respondents 1 to 3 to take effective action on Ext.P12 within a period to be fixed by this Hon'ble Court".


3. According to the 1st respondent - writ petitioner, the property having an extent of 2.5141 Acres and another extent of 35.58 cents situated in R.S.172/2 of Ayakkad Amsom in Palakkad District belongs to the 1st respondent - writ petitioner on the strength of Exts.P1 and P1(a) assignment deeds dated 15/01/2010 and 15/01/2020, respectively. The 1st respondent - writ petitioner is in actual possession of the said property. The 1st respondent - writ petitioner company owns a football club named "Gokulam Kerala Football Club". The team regularly takes part in various state - level and national - level tournaments. The team is a highly rated one among the football teams in India. The 1st respondent - writ petitioner intends to provide a permanent football ground for regular practice of the teams. The above - mentioned property can be used as a regular practice ground for the teams. Some persons in the locality are creating obstructions in developing the property by the 1st respondent - writ petitioner. The Obstructors have no right, title or possession over the plots. The 1st respondent - writ petitioner approached the police authorities seeking assistance / protection for its representatives to make the property a regular football ground. So far, no effective action has been taken by police officers. In such circumstances, the 1st respondent - writ petitioner approaches this Court seeking a direction to the police authorities to afford necessary and adequate police protection to the 1st respondent company for developing the property.

4. In the writ petition, the 3rd respondent herein, Circle Inspector of Police, filed a statement dated 23/01/2024, producing therewith Annexures R2(a) to R2(c) documents. The 13th respondent herein filed a counter affidavit dated 25/02/2024 in the writ petition, producing therewith Ext.R13(a) document. Similarly, the appellant - 4th respondent in the writ petition filed a counter affidavit dated 20/06/2024, producing therewith Ext.R4(a) document. To the counter affidavit filed by the 13th respondent, the 1st respondent - writ petitioner filed a reply affidavit dated 01/07/2024, producing therewith Exts.P13 to P16 documents.

5. After hearing both sides and on appreciation of materials on record, by the impugned common judgment dated 23/09/2025, passed along with W.P.(C)No.24269 of 2024, which is a writ petition filed by the father of a student studying in C.A.Higher Secondary School, Ayakkad, seeking a writ of mandamus commanding respondents 1 to 3 therein to ensure that the school ground is used solely for the purpose of C.A. Higher Secondary School and its students. Th




































































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