High Court Kerala High Court

M.Mohammed Raphy vs The Chairman on 5 January, 2010

Kerala High Court
M.Mohammed Raphy vs The Chairman on 5 January, 2010
       

  

  

 
 
  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.
                   ---------------------------------------------
                            W.A. NO. 9 OF 2010
                   ---------------------------------------------
                   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