A two-judge bench allowed the withdrawal of two writ appeals instituted by Parisons Estates and Industries Pvt. Limited against an order of the Single Judge in W.P.(C) 21307/2016, with leave to pursue further appellate remedies.
Withdrawal of the Writ Appeals allowed; parties leave to pursue appellate remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938
WA.No. 1402 of 2016 IN WP(C).21307/2016
AGAINST THE ORDER/JUDGMENT IN WP(C) 21307/2016 of HIGH COURT OF KERALA DATED 28-06-2016
APPELLANT/PETITIONER:
PARISONS ESTATES AND INDUSTRIES PVT. LIMITED, GROUP OFFICE, CHERAKARA P.O, WAYANAD, REPRESENTED BY DIRECTOR, MR. N.K. KHALID.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENTS/RESPONDENTS.:
ELECTRICAL SECTION KSEB, THAVINHAL, WAYANAD 670 644.
BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-07-2016, ALONG WITH W.P.(C)No.1403/2016 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
W.A.Nos.1402 & 1403 of 2016
-----------------------------------------------------------------Dated this the 19th day of July, 2016
JUDGMENT
Ramachandra Menon, J.
After hearing the matter for some time the learned counsel
for the appellant seeks for permission to withdraw the appeals without prejudice to the right to pursue the appellate remedy in terms of the verdict already passed by the learned Single Judge. The learned counsel also points out that apprehension of the appellant is only that some adverse observation has been made by the learned Single Judge, which may stand against the rights and liberties of the appellant in pursuing the appellate remedy.
2
W.A.Nos.1402 & 1403 of 2016
authority need not consider the same as having any binding effect. Still, we make it clear once again, that the matter shall be considered by the appellate authority in accordance with law untrammeled by the observations made by the learned Single Judge. All contentions are left open.
The Writ Appeals are dismissed as withdrawn.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
3 issues framed by the court
Whether to permit withdrawal of the writ appeals without prejudice to appellate remedies and clarify the effect of observations made by the Single Judge.
Whether the appellate authority must treat the prima facie observations of the Single Judge as binding.
Whether the writ appeals should be disposed of on the application to withdraw.
Parisons Estates and Industries Pvt. Limited
Kerala State Electricity Board
The Assistant Engineer
P.R.Ramachandra Menon
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
