IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WA.No.2326 of 2008 --------------------------------- AGAINST THE INTERIM ORDER IN WPC.No.32618/2008 Dated 05/11/2008 .................... APPELLANTS/RESPONDENTS:- ------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, PERUMBAVOOR. 3. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, ERNAKULAM. BY STANDING COUNSEL SRI.C.K.KARUNAKARAN. RESPONDENT/PETITIONER:- ---------------------------------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P) LTD., 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ASSISTANT MANAGER, PATTATHANAM. BY ADV.SRI.SANTHOSH MATHEW. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2326 of 2008 ---------------------------------------------- Dated, this the 4th day of December, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by the exparte interim order passed by the learned Single Judge in W.P.(C) No.32618/2008 dated 5.11.2008, the respondents in the writ petition have presented this writ appeal. (2). Admittedly, the respondents/appellants were not heard when the interim order was passed by the learned Single Judge. If, for any reason, respondents/appellants are of the opinion that, the order passed by the learned Single Judge requires any modification, they can make an appropriate application before the learned Single Judge for modification/vacating the interim order. In that view of the matter, we decline to entertain this writ appeal. (3). However, we reserve liberty to the appellants to make an appropriate application before the learned Single Judge for appropriate orders. (4). All the contentions of the parties are left open. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS