2025:KER:30217 W.A.No. 677 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WA NO. 677 OF 2025 AGAINST THE ORDER DATED 28.2.2025 IN WP(C) NO.3755 OF 2025 OF HIGH COURT OF KERALA APPELLANT/9TH RESPONDENT: SMT. VIJAYA SIVAN AGED 55 YEARS, (CHAIRPERSON), NEDUNKOTTIL HOUSE, KIZHAKOMBU.P.O, KOOTHATTUKULAM, PIN – 686 662 BY ADV P.C.SASIDHARAN RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 8 AND 10: 1 PRINCE PAUL JOHN, AGED 53 YEARS, S/O. V.P. JOHN, RESIDING AT VANDAMPRAPUTHENPURAYIL (H), KOOTHATTUKULAM P.O, ERNAKULAM, PIN – 686 662 2 BOBAN VARGHEESE, AGED 60 YEARS, S/O. M.J. VARKEY, MELEMANGALATHU HOUSE, KOOTHATTUKULAM P.O, ERNAKULAM, PIN – 686 662 3 STATE OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, 5TH FLOOR, SWARAJ BHAVAN, NANTHENCODE, KOWDIAR, THIRUVANANTHAPURAM, PIN – 695 003 4 DISTRICT JOINT DIRECTOR, LSGD, OFFICE OF THE JOINT DIRECTOR LSGD CIVIL STATION, THRIKKAKARA, KAKKANAD, KOCHI, KERALA, PIN – 682 030 2025:KER:30217 W.A.No. 677 of 2025 2 5 KOOTHATTUKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOOTHATTUKULAM MUNICIPALITY, KOOTHATTUKULAM, ERNAKULAM, PIN – 686 662 6 CHAIRPERSON, OFFICE OF THE KOOTHATTUKULAM MUNICIPALITY, KOOTHATTUKULAM, ERNAKULAM, PIN – 686 662 7 VICE CHAIRPERSON, OFFICE OF THE KOOTHATTUKULAM MUNICIPALITY, KOOTHATTUKULAM, ERNAKULAM, PIN – 686 662 8 STATION HOUSE OFFICER, KOOTHATTUKULAM POLICE STATION, KOOOTHATTUKULAM P.O., ERNAKULAM, PIN – 686 662 9 DEPUTY SUPERNINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, KERALA, PIN – 683 101 0 STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY, OFFICE OF THE STATE ELECTION COMMISSION, VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM, KERALA – 695 033 [ADDL. R8 IS IMPLEADED AS PER ORDER DATED 21/2/25 IN I.A. 2/2025 OF WP (C) 3755/2025] 11 SUNNY KURIAKOSE KANDATHIL HOUSE, KIZHAKOMBU P.O, KOOTHATTUKULAM, 686662 [ADDL. R9 AND ADDL. R10 ARE IMPLEADED AS PER ORDER DATED 28.02.2025 IN I.A 3/2025 OF WP(C) 3755/2025]. BY ADVS. SRI.K.S. ARUNKUMAR SRI. DEEPU LAL MOHAN SRI.T.B. HOOD THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30217 W.A.No. 677 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 Nitin Jamdar, C.J. Heard Mr. P.C. Sasidharan, learned counsel for the Appellant, Mr. K.S. Arunkumar, learned counsel for Respondent Nos. 1 and 2, Mr. Deepu Lal Mohan, learned Standing Counsel for Respondent No. 10 and Mr. T.B. Hood, learned counsel for Respondent No. 11. 2. The Appellant is aggrieved by the order passed by the learned Single Judge dated 28 February 2025 in W.P.(C)No.3755 of 2025 impleading the Appellant and Respondent No.11 as Additional Party Respondents. The grievance of the Appellant is that the Appellant has been impleaded without giving her an opportunity to contest the impleadment and also, the order does not refer to the various contentions raised by her against the impleadment. 3. The impugned order simpliciter allows the application and directs impleadment. Various issues that the Appellant seeks to raise before us are not reflected in the order primarily because this was an order passed before issuing notice to the Appellant. 4. That being the position, the Appellant would be entitled to contest her impleadment by putting forth reasons as to why the Appellant should not be impleaded and is not a necessary or proper party. Conversely, it is 2025:KER:30217 W.A.No. 677 of 2025 4 also open to the Original Petitioners to argue to the contrary. Upon these rival contentions, it is for the learned Single Judge to take a considered decision with reasons. That opportunity being available to the Appellant, at this stage, we are not inclined to interfere with the impugned order and leave the contentions of the parties on the aspect of impleadment open. 5. The appeal is disposed of. Sd/- Nitin Jamdar Chief Justice Sd/- S. Manu Judge vpv