IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WA.No. 185 of 2010 -------------------- AGAINST THE ORDER IN WPC.31062/2009 Dated 11/01/2010 .................... APPELLANT: IST RESPONDENT IN WPC ----------------------------------- M.I.JOSE, MUKKADAKKAL HOUSE, KOLENCHERRY. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): PETITIONER & RESPONDENTS 2 & 3 IN WPC ----------------------------------------------------- 1. M.I.ANDREWS, S/O.M.O.ITTOOP, MUKKADAKKAL HOUSE, IRIMPANAM DESOM, THIRUVAMKULAM VILLAGE, ERNAKULAM DISTRICT. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. BY SENIOR GOVT. PLEADER SRI.BENNY GERVASIS FOR R2 & R3 ADV.SRI.A.S.BEENU FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.185/2010 ------------------------------ Dated this, the 3rd day of February, 2010 JUDGMENT Balakrishnan Nair, J. The 1st respondent in the Writ Petition is the appellant. He is challenging the interim order passed by the learned Single Judge, concerning management of the school, pending final hearing of the Writ Petition. As a result of that order, the appellant will be substituted by one of his brothers in the post of Manager. Therefore, this Writ Appeal is filed, challenging the said interim order. 2. Going by the principles governing appeal against an interim order, we think, this appeal is not maintainable. The order is one passed in the discretion of the learned Single Judge. Unless we decide the merits of the contentions of both sides, it may not be possible for us to vary the interim order. It is not proper for this Court to undertake such an exercise now. Therefore, the Writ Appeal is dismissed, but without prejudice to WA No.185/2010 - 2 - the contentions of the appellant. If he moves for early hearing of the Writ Petition, we hope, the learned Single Judge will give some preference to hearing the matter at an early date. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.