This writ appeal, filed by an additional fourth respondent, was dismissed as withdrawn. The court accepted the submission that since impleadment was declined in the lower court, the appellant could not independently appeal.
The writ appeal was dismissed as withdrawn by the court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 20TH DAY OF NOVEMBER 2017/29TH KARTHIKA, 1939
WA.No. 1376 of 2017 -----------------AGAINST THE JUDGMENT IN WP(C) 5133/2013 DATED 24-03-2017 ------------
APPELLANT/ADDITIONAL 4TH RESPONDENT: ------------------------------------
K.F.C. PROFESSIONAL FORUM,
REPRESENTED BY THE WORKING PRESIDENT, V.PRATHAPACHANDRAN AGED 64 YEARS, S/O. S.VARADARAJA NAIR, AMBUJAVILASAM, VANCHIYOOR, THIRUVANANTHAPURAM
BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH
RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 TO 3:
1. PREMNATH RAVINDRANATH,
GENERAL MANAGER,(FINANCE & MARKETING) KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM
2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
3. THE KERALA FINANCIAL CORPORATION VELLAYAMBALAM, THIRUVANANTHAPURAM 695 003, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
4. N.AOK KUMAR, GENERAL MANAGER (ADMINISTRATION & RECOVERY) KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033 R1 BY ADVS. SMT.DHANYA P.ASHOKAN SRI.K.JAYAKUMAR (SR.) R2 BY GOVERNMENT PLEADER RENIL ANTO KANDANKULATHY R3 BY ADVS. SRI.BASANT BALAJI, SC, SMT.M.U.VIJAYALAKSHMI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ
W.A. No. 1376 of 2017
JUDGMENT
P.N. RAVINDRAN, J.
This appeal is styled as one filed by the fourth respondent in W.P.(C).No.5133 of 2013. The certified copy of the impugned judgment also would support the said claim. However, we find from the records that I.A.No.13329 of 2016 filed by the appellant herein seeking impleadment as the additional fourth respondent in the writ petition was dismissed by the learned single Judge on the day the impugned judgment was delivered. However, it is mentioned in the cause title of the certified copy of the impugned judgment that additional fourth respondent was impleaded as per order passed on 24.3.2017 on I.A.No.13329 of 2016. When this fact was brought to the notice of Sri.Elvin Peter, learned counsel for the appellant, learned counsel submitted that as the impleadment of the appellant as fourth respondent was declined, the appellant cannot even with the leave of this court, file the instant appeal. Learned counsel submitted, in such circumstances, this appeal may be dismissed as withdrawn.
In the light of the said submission, this writ appeal is dismissed as withdrawn.
Sd/-
P.N. RAVINDRAN, JUDGE
sd/-
DEVAN RAMACHANDRAN, JUDGE
kp
K.F.C. Professional Forum
Premnath Ravindranath
The State of Kerala
The Kerala Financial Corporation
N.Aok Kumar
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
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