The High Court of Kerala disposed of a writ appeal filed against an ex parte interim order. The Bench held that the proper remedy for the appellant was to file a counter affidavit before the learned single Judge, not to file an appeal.
The appeal is disposed of with liberty to the appellant to move the learned single Judge for getting the order vacated.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 28TH DAY OF JUNE 2017/7TH ASHADHA, 1939
WA.No. 1295 of 2017 () IN WP(C).11249/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 11249/2017 of HIGH COURT OF KERALA DATED 30.03.2017
APPELLANT/4th RESPONDENT:
SARAMMA BINU, W/O.LATE BINU, AGED 53, PARAPPATT HOUSE, VETTAMPARA, PINDIMANA, KOTHAMANGALAM-686 692.
BY ADVS.SRI.G.KRISHNAKUMAR SRI.S.KRISHNAKUMAR SMT.SHYLAJA VARGHESE SMT.M.L.REMYA
RESPONDENT(S):
S/O.BHASKARAN NAIR, AGED 56 YEARS,
MUTHANGASSERI HOUSE, THRIKKARIYOOR P.O., KOTHAMANGALAM.
REP. BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, THIRUVANANTHAPURAM, 695 003.
R BY SRI.ALEXANDER JOSEPH
R BY SRI RENI ANTO KANDAMKULATHY, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
28-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
W.A. No. 1295 of 2017 ( )
Dated this the 28th day of June, 2017.
JUDGMENT
Antony Dominic,J.
This appeal is filed by the 4th respondent in W.P.(C) No. 11249 of 2017 aggrieved by the order dated 30.03.2017.
Therefore, if the appellant is aggrieved, his remedy is to file his counter affidavit and bring up the case for the consideration of the learned single Judge, in stead of filing an appeal. Therefore, this appeal is disposed of with liberty to the appellant to move the learned single Judge for getting the order vacated.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv
W.P.(Crl.) No. -2-
1 issue framed by the court
Whether a writ appeal can be filed against an ex parte interim order or if the remedy is to file a counter affidavit before the single Judge.
SARAMMA BINU
B.CHANDRA BOSE
STATE OF KERALA
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
