IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 733 of 2008()
1. TOMY SEBASTIAN, VALIKULATHIL HOUSE,
... Petitioner
Vs
1. C.M.THOMAS, ST.MARTINS AGENCIES,
... Respondent
2. THE DISTRICT COLLECTOR, IDUKKI.
3. COMMISSIONER CIVIL SUPPLIES,
4. THE DEPUTY CONTROLLER RATIONING,
5. THE DISTRICT SUPPLY OFFICER,
6. TALUK SUPPLY OFFICER,
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :ADDL.ADVOCATE GENERAL
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :14/07/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.733 of 2008
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Dated, this the 14th day of July, 2008
JUDGMENT
H.L.Dattu, C.J.
The 4th respondent in W.P.(C) No.19101 of 2007 is the
appellant in this writ appeal.
2. In fact, the appellant is not aggrieved by the orders
passed by the learned Single Judge, wherein the learned Judge has only
observed that the lis between the parties is pending before the first
appellate authority for consideration and decision and that the appellate
authority can take appropriate decision in the matter.
3. It appears that, after the disposal of the writ petition
when the appeal before the first appellate authority was posted for
hearing, the first appellate authority had expressed his opinion that since
Ext.P6 order has already been confirmed by the learned Single Judge of
this Court, he is not prepared to hear anything else on that issue. There
is no order as such passed by the first appellate authority. Whatever
stated in the writ appeal and also at the time of hearing of the writ appeal
is only hearsay. Normally, we are not expected to take cognizance of
W.A.No.733/2008 -2-
those interactions that has taken place between the counsel and the
District Collector. However, in order to alleviate the semblance of
grievance of the appellant, we only observe that the appellate authority
while deciding the lis between the parties will decide the same in
accordance with law, untrammelled by the observations made by the
learned Single Judge while disposing of W.P.(C) No.19101 of 2007.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
MS