When to serve notice of writ petition?
Venkat
(Querist) 04 June 2020
This query is : Resolved
Hello,
I e-filed a Writ Petition in High Court It was posted for hearing. I have the following question in this regard:
Do I need to serve notice of the petition to the Special Govt Pleader right away?
Dr J C Vashista
(Expert) 05 June 2020
Special Public Prosecutor shall have to be served before filing the petition in registry.
It can not be heard by the Court before service to all the respondents.
Dr J C Vashista
(Expert) 05 June 2020
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What is your actual problem ???
P. Venu 
(Expert) 05 June 2020
Yes, please post the material facts as to the real problem, if any, instead of posting facts and issues in piece-meal.
Any how, it is the general procedure that a copy of the WP is served on the on the Government counsel while filing the same. However, this is a case of e-filing, the High Court would have notified the procedure on its website. Prima facie it appears that the Registry has taken of this aspect as the matter has already been listed.
Raj Kumar Makkad
(Expert) 05 June 2020
Why don't you go through the order of the high court, if any passed in the said petition and if not then go through the procedure of e-filing circulated by almost all high courts on their respective sites.
Generally advance notice to the State is required to be served and now any high courts have also mandated to provide complete details of the private respondents including their mail id, mobile no. s etc. so that notice through such means may also be sent to them.
Rajendra K Goyal
(Expert) 05 June 2020
Notice should be served at the time of e-filing.
K Rajasekharan
(Expert) 05 June 2020
Any Writ Petition (Habeas Corpus), under Article 226 of the constitution, cannot be moved before the High Court, unless the court otherwise directs, without a prior notice served on the Advocate General before 4 pm the previous day, as Kerala High court rules suggest, in case state government is a party to the petition. In Habeas Corpus, the petition shall be accompanied by an affidavit on behalf of the person restrained.
The petition, soon after it is numbered by the registry, should be posted for orders of the court for admission. The court, on hearing the petitioner, can admit it or reject it. On admission, the court may orders for issuing notice to the respondents.
The court can issue interim orders on admission. If a prima facie case for granting petition is made out, the court will issue an order calling upon the opposite authority or party to appear on a day specified by the court to show why such orders shall not be made and to produce the person before the court.
On the day, the court will either release the person or issue appropriate orders as the facts of the case suggest.
Please see Rules 145 to 163 of the Kerala High Court Rules to get a good overview of this matter and related issues in regard to filing of Writ Petitions. Similar rules are in force in every high court in the country.
Venkat
(Querist) 06 June 2020
Thank you very much, all the learned experts.
Best regards,
Raj Kumar Makkad
(Expert) 06 June 2020
You shall definitely succeed in your long struggle. You are always welcome to avail this free service as and when required.
Rajendra K Goyal
(Expert) 06 June 2020
You are welcome, may revert in case of any further query.
Venkat
(Querist) 06 June 2020
Thank you for your welcome Sri. Makkad and Sri. Goyal.
Best regards,
Venkat
