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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
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 |
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| 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.
