P. Radhakrishnan vs Cochin Devaswom Board 2025 INSC 1183 - Writ Jurisdiction - Travelling Beyond Scope

Constitution of India - Article 226 - If in an exceptional case the Court feels the need to travel beyond the scope of the writ petition and make observations, the least a party is entitled to, is an opportunity to explain and defend themselves (Para 22) - Litigants go to court for vindicating their rights when they perceive that there is an infringement. The court may, after hearing both parties, grant or deny them relief depending on the facts and circumstances of the case- If without putting parties on notice (even in the rare and exceptional case where facts warrant) the court travels beyond the scope of the petition, takes parties by surprise and makes any strong observations and directions, it will create a chilling effect on other prospective litigants too. They will be left to wonder whether by going to court in matters where they perceive injustice has resulted, they will be rendered worse off than what they were, before initiating the proceedings. This could seriously impact access to justice and consequently the very rule of law. Hence, in such matters, courts must exercise great caution and circumspection. (Para 28) [Context: SC held that the writ petitioners could not have been rendered worse off in their own writ petition.]

Case Info

  • Coram: Dipankar Datta, J.; K. V. Viswanathan, J.
  • Judgment date: 06 October 2025

Caselaws and Citations

  • T. Krishnakumar v. Cochin Devaswom Board: 2022 (4) KLT 798; 2022 (5) KHC SN 8
  • V.K. Majotra v. Union of India: (2003) 8 SCC 40
  • State of U.P. v. Mohammad Naim: 1964 2 SCR 363
  • Ashok Kumar Nigam v. State of U.P.: (2016) 12 SCC 797
  • Pradeep Kumar v. Union of India: (2005) 12 SCC 219

Statutes / Laws Referred

  • Travancore Cochin Hindu Religious Institutions Act, 1950
  • Code of Criminal Procedure, 1898: Section 561-A (inherent jurisdiction reference)
  • Kerala Revenue Recovery Act (via Government Order): G.O.(P) No.22/2021/RD dated 09.02.2021; Kerala Gazette Extraordinary No.668 dated 11.02.2021