This writ appeal, filed against an interim order, was held infructuous as the public appellants had proceeded to recover losses from defaulters following the earlier order.
The writ appeal is dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941
WA.No.1022 OF 2014
AGAINST THE ORDER IN WPC 19158/2012 DATED 22.01.2014
APPELLANTS/RESPONDENTS:
1 THE POSTMASTER GENERAL, CENTRAL REGION, KOCHI-686501.
BY ADVS.
SRI.T.SANJAY, CGC SMT.O.M.SHALINA, CGC
RESPONDENT/PETITIONER:
MATHIAS K. THOMAS, KAVUNKAL HOUSE, VELLOOR P.O., PAMPADI, KOTTAYAM DISTRICT-686501.
ADV. SRI.P. BABU KUMAR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.1022/2014
2
JUDGMENT
S. Manikumar, CJ.
Being aggrieved by the order made in W.P.(C) No.19158 of 2012 dated 22.01.2014, instant appeal is preferred with a delay of 152 days in filing. C.M Appln. No.536 of 2014 is filed for condonation. Mr.P.Babu Kumar, learned counsel for the sole respondent, who is present in Court, is permitted to take notice. He has no objection for the delay being condoned. That apart, we are also satisfied with the reasons assigned in the affidavit accompanying the condonation petition. Delay is condoned. Appeal is heard.
W.A.1022/2014
3
Miss. O.M.Shalina, learned counsel for the appellants, submitted that acting on the directions stated supra, District Collector, Kottayam has been addressed to take steps for recovering the loss. Submission of learned counsel for the appellants is placed on record. In such circumstances, instant appeal becomes infructuous for the reason that the appellants cannot approbate and reprobate and it is not open to the appellants to seek for setting aside the impugned order.
In the light of the above discussions, writ appeal is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
C.T.RAVIKUMAR
JUDGE
spc/
W.A.1022/2014 4
The Postmaster General, Central Region, Kochi-686501
Senior Superintendent, Postal Division, Kottayam
The Post Master, Velloor P.O., Pampadi, Kottayam
Mathias K. Thomas
S.Manikumar
C.T.Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
