IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 9 of 2010()
1. M.MOHAMMED RAPHY
... Petitioner
Vs
1. THE CHAIRMAN, COCHIN PORT TRUST
... Respondent
For Petitioner :SRI.N.RADHAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :05/01/2010
O R D E R
K. BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
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W.A. NO. 9 OF 2010
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Dated this the 5th day of January, 2010
JUDGMENT
Balakrishnan Nair, J.
This appeal is filed challenging the interim order passed by the
learned Single Judge in I.A. No.15971 of 2009 in W.P.(C) No. 31007 of
2009. The learned Single Judge declined to grant stay of reversion of the
petitioner under Ext.P1. The learned Judge took the view that since the
reversion is ordered in implementation of the decision of the Division
Bench of this Court in Writ Appeal No. 1730 of 2007, stay cannot be
granted. We think that the said view taken by the learned Single Judge
cannot be said to be arbitrary or perverse. It is an order passed in the
discretion of the learned Judge. Going by the principles laid down by the
Full Bench of this Court in K.S. Das v. State of Kerala, 1992(2) K.L.T.
358, we think this appeal is not maintainable under Section 5 of the Kerala
High Court Act.
W.A. NO. 9/2010 2
In the result, the appeal fails and it is accordingly dismissed, but
without prejudice to the contentions of the appellant in the Writ Petition.
(K. BALAKRISHNAN NAIR)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.A. NO. 9/2010 3
K. BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
W.A.NO.9/2010
JUDGMENT
5th January, 2010
W.A. NO. 9/2010 4