Authenticated copy of lower court order must be filed to challenge it under Article 227: Kerala High Court

An original petition under Article 227 (power of superintendence over all courts by the High Court) of the Constitution of India to challenge a lower court order cannot be filed without producing an authenticated copy of such court order, held the Kerala High Court recently [Nikson v Samkutty]..A division bench consisting of Justices Anil K Narendran and G Girish noted that this position has already been laid down in an earlier High Court case as well. "In an original petition filed under Article 227 of the Constitution of India, the petitioner cannot challenge an order passed by the court below, without producing an authenticated copy of the same. It is held so in the decision of this Court in Babu Scaria v. Jessy Thomas [2017 (5) KHC 721], in the context of Rule 147 of the Rules of the High Court of Kerala, 1971," the bench said. .The Court was dealing with a case involving a tenant's plea to overturn an eviction order passed by a Rent Control Court against him.A landlord had sought the eviction of this tenant before a Rent Control Court in Thrissur district. The Rent Control Court issued an ex parte order of eviction, which the tenant eventually challenged before the High Court.Pertinently, the tenant also filed an original petition under Article 227 to set aside the dismissal of an application to halt proceedings to execute the Rent Control Court's eviction order.However, when the matter was taken up by the High Court on January 25, the tenant was unable to produce copy of the executing court's January 19 order (which he had sought to challenge under Article 227). .The bench discussed Article 227, which dealt with powers of superintendence vested with the High Court to maintain the efficiency and orderly functioning of the justice system.The Court proceeded to point out that the petitioner (tenant) cannot challenge a court order under Article 227 without first providing an authenticated copy of the same.The High Court suggested that if the petitioner has not obtained a certified copy of the January 19 order, he should first call for directions to the Execution Court to issue the order copy."He (tenant) can approach this Court, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order directing the Execution Court to issue certified copy of that order and a further direction to the Execution Court to keep in abeyance any coercive steps in that execution proceedings, till such time, so as to enable the tenant to challenge that order in appropriate proceedings," the order stated. .The High Court proceeded to dismiss the plea after the tenant's counsel said that a a fresh original petition would be filed with appropriate pleadings and seeking proper reliefs."Without prejudice to the aforesaid right of the petitioner, this original petition is dismissed," the Court said. .The petitioner (tenant) was represented by advocates Franklin Arackal and Neethu Soman..[Read Judgment]