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Kerala State Legal Services Authority v/s Court on its Motion Suo Motu & Others


Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- LEGAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74110KA1996PTC020769

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- R & L LEGAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999MH2008PTC185128

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S R LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140RJ2014PTC045816

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- S V LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74110TG2014PTC093676

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- D AND P LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2005PTC135437

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- C T LEGAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000HR2010PTC041131

Company & Directors' Information:- K K LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2015PTC082023

Company & Directors' Information:- U E LEGAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL2014PTC036076

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- A & G LEGAL SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74110KL2013PTC035282

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

    I.A. No. 1 of 2020 & W.P.(C). No. 30836 of 2019

    Decided On, 24 January 2020

    At, High Court of Kerala

    By, THE HONOURABLE CHIEF JUSTICE MR. S. MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P. CHALY

    For the Petitioner: Surin George Ipe, GP. For the Respondents: Santhosh Mathew, Unnikrishnan V. Alappatt, Arun Thomas, Jennis Stephen, Vijay V. Paul, Advocates.



Judgment Text

S. Manikumar, CJ.1. Kerala State Legal Services Authority, represented by its Member Secretary, has filed I.A.1/2019 for getting itself impleaded as additional respondent No. 8 in the Writ Petition, under Rule 120 of the High Court Rules. Along with the application, he has produced Exts.R6(1) to R6(5) reports and Ext. R6(6) series of photographs. This writ petition is, based on the suo motu proceedings initiated upon a letter submitted by the students of St. Fathima High School, Mlamala, Idukki district, addressed to a learned Judge of this Court.2. Inviting attention of this Court to the report of the District Collector, Idukki, addressed to the Member Secretary, Kerala State Legal Services Authority, learned Government Pleader submitted that, after the registration of suo motu public interest writ petition by this Court, Member Secretary, Kerala State Legal Services Authority has called for details from the District Collector, Idukki. Obliging the request made, the District Collector, Idukki has furnished the details and the reports submitted by the Secretary, Idukki District Panchayat, Secretary, Azhutha Block Panchayat and the Secretary, Vandiperiyar Grama Panchayat and other documents.3. According to the learned Government Pleader, after the initiation of a suo motu writ petition, the Kerala State Legal Services Authority has no jurisdiction to call for details and to be impleaded a party respondent as they are not just and necessary parties for effective adjudication. For the aforesaid reasons, prayed for dismissal of the impleading petition.4. It is trite law that the procedure contemplated in the Code of Civil Procedure can be made applicable to the writ proceedings wherever permissible. Order II Rule 2 of the Code of Civil Procedure deals with the power of the Court to strike out or add parties. It reads thus:“Court may strike out or add parties-The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the interest litigation. Whenever addition or striking out parties is done, it is necessary for the Court to consider as to whether such persons are required to be added or struck off to adjudicate upon and settle all the issues effectually and completely. In the light of the above provisions, the Kerala State Legal Services Authority may not be required to be impleaded as a party respondent.5. Rule 148 of the High Court Rules deals with Addition of parties – All persons directly affected shall be made parties to the petition. Where such persons are numerous, one or more of them may with the permission of the court on application made of the purpose be impleaded on behalf of or for the benefit of all persons so affected; but notice of the Original Petition shall, on admission, be given to all such persons either by personal service or by public advertisement as the Court in each case may direct.6. Kerala State Legal Services Authority, cannot be said to be adversely affected or aggrieved if any decision to be taken in the suo motu public interest litigation. Whenever addition or striking out parties is done, it is necessary for the Court to consider as to whether such persons are required to be added or struck off to adjudicate upon and settle all the issues effectually and completely. In the light of the above provisions, the Kerala State Legal Services Authority may not be required to be impleaded as a party respondent.7. In some of the suo motu writ petitions, assistance from the Kerala Legal Services Authority has been taken. In the case on hand, some of the issues raised by the students of the Fathima High School, Mlamala, Idukki are, about condition of bridges, provision for basic amenities, high expenses for treatment, poor transportation facilities and other things.8. Rule 152 of the High Court Rules reads thus:“Hearing of third parties—(1). The Court may order notice of the petition to any person not made party thereto.(2) At the time of hearing of the petition for admission or at a later state, any person, who desires to be heard in the matter and appears to the Court to be a proper person to be heard, may be heard, notwithstanding that he is not a party, but subject to such conditions as to costs or otherwise as the court may deem fit to impose.”9. Considering the nature of the works undertaken by the Legal Services Authority on the decisions of the Hon'ble Supreme Court and High Court periodically and the public awareness created by the Legal Services Authority, we are of the view that the Kerala State Legal Services Authority has to be heard in this matter. It is a

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n appropriate authority to be heard in the writ petition and it will not be impleaded as a party respondent.10. For the foregoing reasons, the Impleading Application is dismissed. However, we make it clear that the Kerala State Legal Services Authority would be heard in this proceedings. Reports and statements shall be filed by the authority with supporting documents. Respondents to file affidavit and documents.11. Registry is directed to show the name of the learned counsel appearing for the Kerala State Legal Services Authority, in the next hearing.
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