Radhakrishnan & Anr. Vs Cochin Devaswom Board & Ors. (Supreme Court of India)
Litigants Can’t Be Made Worse-Off in Their Own Writ – “No Surprise Directions” SC Slams HC for Travelling Beyond Writ Scope- Kerala HC’s Extra Directions Quashed
The Supreme Court, speaking through Justice K.V. Viswanathan, with Justice Dipankar Datta concurring, has strongly deprecated the tendency of High Courts to travel beyond the scope of pleadings & render directions that take litigants by surprise. The Court held that a party invoking writ jurisdiction cannot be made worse-off in its own petition & that judicial restraint & observance of natural justice form the bedrock of adjudication.
The dispute arose out of enhancement of licence fee by the Cochin Devaswom Board in respect of land allotted to the Chinmaya Mission Educational & Cultural Trust at Thrissur. The land, measuring about 13.5 cents, had originally been allotted in 1974 under a Royal Order of the then Maharaja of Cochin for construction of a hall to be used exclusively for religious, cultural & social activities, with an annual contribution fixed at Rs.101/-. Over the years, a few small extensions were granted, & the licence fee was marginally increased to Rs.227.25 per annum. The arrangement continued uninterruptedly until 2014, when the Board, without notice, unilaterally enhanced the licence fee to Rs.1,50,000 per annum & demanded arrears aggregating to over Rs.20 lakhs. The Trust objected to the steep hike & filed a writ petition before the Kerala High Court challenging the relevant proceedings & demand notices.
