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Constitutional Law
When a government office sits on an application for months, a local body refuses a permit without giving reasons, or a public authority takes a decision that plainly ignores the rules, the ordinary citizen often feels there is nowhere to turn. The writ jurisdiction of the High Court exists precisely for these situations.
Under Article 226 of the Constitution, the High Court of Kerala can direct any authority within its jurisdiction to act according to law, quash an illegal order, or protect a fundamental or legal right. Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, files and argues writ petitions against government departments, local self-government institutions, universities, public sector bodies and other authorities.
A writ petition is not always the first step. Where the law provides an appeal or another effective remedy, the court usually expects it to be used first. Each matter is therefore assessed to decide whether a representation, a statutory appeal or a writ petition is the right route.
The constitutional law practice therefore centres on writ petitions and cases against government. Matters handled include:
- Delay or inaction on applications by government offices
- Refusal of building permits, licences and certificates by local bodies
- Revenue and land record matters
- Education, admission and equivalency matters
- Recovery action by public authorities and banks
- Disciplinary and service matters outside the tribunals
- Challenges to arbitrary orders of public authorities
- Public interest litigation before the High Court of Kerala
- Passport refusals, impounding and court permission matters
- Correction of date of birth in certificates and records
Questions people often ask
What kinds of writs can the High Court issue?
The High Court can issue writs in the nature of mandamus (directing an authority to perform its duty), certiorari (quashing an illegal order), prohibition, quo warranto and habeas corpus, as well as any other direction or order needed to enforce a legal right.
My application has been pending for months. Can the High Court help?
Where an authority is bound to decide an application and fails to do so within a reasonable time, the High Court can direct it to take a decision, often within a fixed period. It is useful to have written proof of the application and of any reminders sent.
Is there a time limit for filing a writ petition?
There is no fixed limitation period, but the High Court may refuse relief if the petitioner has delayed without a good explanation. It is best to act soon after the order or the period of inaction.
Can a writ petition be filed against a private party?
Generally, writs lie against the State and public authorities, and against private bodies only where they perform public functions. Disputes with purely private parties usually belong in the civil courts.
Related pages
To discuss a matter involving a government authority, you can book a consultation or call the office on +91 94472 90234.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
