The court dismissed the writ appeal against an ad interim order as non-maintainable, following a Larger Bench decision. The dismissal is without prejudice to the appellants' right to seek modification of the interim order.
None. The writ appeal was dismissed without prejudice to rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931
WA.No. 286 of 2006()
AGAINST THE ORDER IN WPC.26517/2005 Dated 08/09/2005
APPELLANTS: RESPONDENTS:
BY ADV. SRI.P.SANTHALINGAM, STANDING COUNSEL, KSEB SRI.C.K.KARUNAKARAN, STANDIDNG COUNSEL FOR KSEB
RESPONDENT: PETITIONER
BIJU. P., SUB ENGINEER (CIVIL) PRESENTLY WORKING AS SHIFT ASSISTANT, UNDER TRANSMISSION CIRCLE, KALAMASSERY, ERNAKULAM DISTRICT.
BY ADV. DR.K.P SATHEESAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BALAKRISHNAN NAIR
& C.T. RAVIKUMAR, JJ.
W.A. NO. 286/2006
Dated this the 17th day of July, 2009
JUDGMENT
Balakrishnan Nair, J.
This appeal is filed against an ad interim order. Therefore, it is not maintainable, in the light of the decision of a Larger Bench of this Court in
K.S. Das v. State of Kerala, 1992(2) K.L.T. 358 . Accordingly, this Writ Appeal is dismissed, without prejudice to the rights, if any, of the appellants to move the learned Single Judge for modifying or vacating the interim order.
(K. BALAKRISHNAN NAIR) JUDGE
(C.T. RAVIKUMAR) JUDGE
sp/
2
K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ.
W.A. NO.286/2006
JUDGMENT
17th July, 2009
1 issue framed by the court
Whether a writ appeal against an ad interim order is maintainable.
Colour shows how this judgement treated each authority
K.S. Das v. State of KeralaDistinguished¶21
K.S. Das v. State of Kerala, 1992(2) K.L.T. 358
KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN AND THE CHIEF ENGINEER (HRM) VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM
BIJU. P.
K. BALAKRISHNAN NAIR
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
