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2026 Supreme(Online)(Ker) 35313

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. Abdul Hakhim, J
Leena S.L. – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 36342 OF 2015



Advocates:
For the Appellants/Petitioners: Ayyappan Sankar
For the Respondents: Resmi Sanil, P. Sreekumar

Failure to complete service of notice on respondents as directed by the court warrants the dismissal of a writ petition for default.

Headnote:Statute Analysis: The case involves procedural compliance under the Code of Civil Procedure (CPC) for service of notice upon respondents in a writ petition. Facts of the Case: The petitioner failed to comply with a court order dated 09.01.2024 requiring the completion of service of notice on specific respondents within a period of two weeks.

Findings of Court:
The court observed that no steps had been taken by the petitioner to serve the notice despite the lapse of considerable time.

Issues: Whether the petitioner's failure to serve notice to respondents constitutes a ground for the dismissal of the plea.

Ratio Decidendi: The persistent failure of a party to initiate necessary steps for procedural compliance, specifically the service of notice, renders the petition liable to be dismissed for default.

Result: The writ petition is dismissed for default.

Table of Content
1. failure to fulfill procedural directions regarding service of process leads to dismissal for default. (Para 1)

JUDGMENT

1. As per the order dated 09.01.2024, the petitioner was directed to complete service of notice on respondent Nos.4 and 5 within two weeks. No steps have been taken till date. Accordingly, the writ petition is dismissed for default.

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