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2026 Supreme(Online)(Ker) 34033
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Rathi V C – Appellant
Versus
Revenue Divisional Officer – Respondent
WP(C) NO. 18275 OF 2026
For the Appellants/Petitioners: Saleek C.A.
For the Respondents: Vidya Kuriakose
A writ petition seeking relief on an application filed by multiple parties must be properly constituted, or it faces dismissal for procedural impropriety when initiated by only one individual without appropriate pleadings.
Headnote:The matter concerns a procedural deficiency in a writ petition filed for the consideration of a statutory Form-6 application. The court observed a discrepancy wherein an application was filed by multiple individuals, but the present petition was submitted by only one individual. Consequently, the court held that it could not adjudicate the petition as framed due to improper pleading. The core issue is whether a writ petition is maintainable when only one of multiple applicants in a joint statutory application files for relief. The ratio decidendi emphasizes that for the sake of legal order, parties must plead properly regarding the nature of the application and the entities involved, specifically when multiple parties are involved in the underlying request. The writ petition is closed, with liberty granted to the petitioner to file a fresh writ petition.
JUDGMENT
This writ petition is filed for consideration of a Form-6 application, which according to the petitioner is pending before the authorised officer.
The learned Government Pleader submitted that the tax receipt is not placed so that she is not in a position to compare with the application. A perusal of Ext.P1 would show that the application is submitted by Smt. Rathi V.C and others. However, in this writ petition, only Smt. Rathi V.C is the petitioner. I am of the considered opinion that this writ petition need not be entertained. The petitioner has to plead properly, since only one of the persons who filed the application has filed this writ petition. Granting liberty to the petitioner to file a fresh writ petition, this writ petition is closed.
