Inner court appeal arose from a stay order vacated by the Single Judge in a dispute about a railway stall tender. The High Court dismissed the appeal, finding no scope for interference as the appellant's interests were already protected by the conditional nature of the stay.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA,
1945
WA NO. 1814 OF 2023
ORDER DATED 13.10.2023 IN WP(C) 31794/2023
APPELLANT/PETITIONER:
T.M. KOYA, AGED 62 YEARS S/O. KUNHIKOYA, NOORI MASKAN HOUSE, CHALLIL BAZAR, THEKKE AYYAPPANKANDI PARAMBA, PUTHIYANGADI, KOZHIKODE, PIN - 673021
BY ADVS. ADITHYA RAJEEV S.PARVATHI Mayankutty Mather K.I
RESPONDENTS/RESPONDENTS:
WA NO. 1814 OF 2023
..2..
ADDL.R5 M. ABDUL SALAM
AGE NOT KNOWN, FATHERS NAME NOT KNOWN, 435, EMM MAIN STREET, OPPOSITE TO DIESEL SHED, CHENNIMALAI ROAD, ERODE, TAMIL NADU ,PIN-638001.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 25/10/2023 IN IA 1/2023 IN WA 1814/2023.
BY ADVS. K.SANEESH KUMAR V.B.SANTHINI SRI.K.S.PRENJITH KUMAR, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..3..
WA NO. 1814 OF 2023
JUDGMENT
A. MUHAMED MUSTAQUE, J.
This intra court appeal has been filed challenging an interim order, vacating stay.
However, while the matter was pending, tender was floated and the appellant agreed to take part in the tender and the questions relating to challenge to Clause 5 were left open. But, thereafter, the appellant did not take part in the tender. Ultimately, the additional fifth respondent impleaded in this appeal became the successful bidder and he has been allotted
WA NO. 1814 OF 2023
..4..
with the stall. The interim stay initially granted by learned Single Judge against awarding new tender was modified to the effect that the award would be subject to further decision of this Court.
WA NO. 1814 OF 2023
..5..
which cannot be otherwise compensated. Taking
note of the facts as above, we find that there
is no scope for interference in the intra court appeal.
Accordingly, the appeal stands dismissed. However, the fifth respondent will stand impleaded in the writ petition and the
Registry shall make impleadment of the fifth respondent in the writ petition as well.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
1 issue framed by the court
Whether this inner court appeal challenging an interim order vacating stay should be allowed.
T.M. KOYA
UNION OF INDIA
THE RAILWAY BOARD
THE SENIOR DIVISIONAL COMMERCIAL MANAGER
DEPUTY STATION MANAGER (COMMERCIAL)
M. ABDUL SALAM
A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
