Kerala High Court
Rajendran Vellapalath (Sought To Be ... vs State Of Kerala on 14 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WA NO. 1829 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.33103 OF 2017 OF
HIGH COURT OF KERALA
APPELLANTS:
1 RAJENDRAN VELLAPALATH (SOUGHT TO BE IMPLEADED)
AGED 51 YEARS
S/O. BALAKRISHNAN NAIR VELLAPATH HOUSE, KANNIPARAMBA
POST, MAVOOR, KOZHIKODE, KERALA - 673661 (SOUGHT TO BE
IMPLEADED), PIN - 673661
2 KERALA PRAVASI ASSOCIATION ( SOUGHT TO BE IMPLEADED )
REPRESENTED BY ITS NATIONAL COUNCIL CHAIRMAN XI 585 D,
KANIJARAMATTAHIL COMPLEX, MALOM, DARGHAS POST,
KASARAGOD, KERALA- 671534 ( SOUGHT TO BE IMPLEADED ),
PIN - 671534
BY ADVS.
SRADHAXNA MUDRIKA
KURIAKOSE VARGHESE
V.SHYAMOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
INDUSTRIES (G) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001., PIN - 695001
2 THE DISTRICT COLLECTOR
KOZHIKODE, CALICUT-673020., PIN - 673020
3 GRASIM INDUSTRIES LIMITED
MAVOOR, KOZHIKODE-673661, REPRESENTED BY LT.COL.(RETD)
K.K.MANU, GENERAL MANAGER (ADMN). NEW ADDRESS
REPRESENTED BY GENERAL MANAGER (ADMINISTRATION) MAVOOR,
KOZHIKODE, KERALA, PIN - 673661
BY ADVS.
GOPIKRISHNAN NAMBIAR M
E.K.NANDAKUMAR (SR.)(N-23)
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
SMT POOJA MENON, SRI V TEKCHAND, SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.11.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.1829 of 2024
2
2024:KER:87897
JUDGMENT
Dated this the 14th day of November 2024
Nitin Jamdar, C.J.
Heard Ms.Sradhxna Mudrika, learned counsel appearing for the
Appellant and Mr. E.K.Nandakumar and Ms.Pooja Menon, learned
Counsel representing Mr.M.Gopikrishnan Nambiar, appearing for
Respondent No.3.
2. The Appellants are aggrieved by the rejection of their
impleadment application by the learned Single Judge by the impugned
order dated 21 October 2024.
3. The Appellants have filed an application for impleading
themselves on the ground that a large strip of land is involved and they
apprehend that the state is not putting up the defence as required in public
interest.
4. The learned Single Judge adjourned the matter today and is fixed
in the afternoon session for final hearing. At this stage, it is not practical
and feasible to entertain the Appeal. Learned Single Judge has also noted
in the impugned order that there was a delay on the part of the Appellant.
According to us, the appropriate course of action would be to keep all
rights and contentions of all the parties open, in case the Appellant files a
leave to Appeal if aggrieved by the final decision rendered by the learned
Single Judge.
5. This Writ Appeal is ordered accordingly. As regards the
2024:KER:87897
contention of the Appellant to permit them to file written submission or
advance oral arguments, it is for the learned Single Judge to decide the
same. This Appeal is accordingly disposed of.
sd/-
NITIN JAMDAR
CHIEF JUSTICE
sd/-
S.MANU
JUDGE
Nsd
2024:KER:87897
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF URGENT MEMO DATED 27.02.2023
Annexure A2 TRUE COPY OF URGENT MEMO DATED 02.03.2023
Annexure A3 TRUE COPY OF URGENT MEMO DATED 27.10.2023
