IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WA.No. 1622 of 2009() --------------------- APPELLANTS/RESPONDENTS ---------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY MINISTRY OF DEFENCE, NEW DELHI. 2. PRINCIPLE CONTROLLER OF DEFENCE ACCOUNTS(PENSION), ALLAHABAD. 3. THE OFFICER-IN-CHARGE, BUREAU OF SAILORS MUMBAI-400088 4. THE DEFENCE PENSION, DISBURSING OFFICER ERNAKULAM. BY ADV. SRI.MOHAN IDICULLA ABRAHAM, ADDL.CGSC RESPONDENT/PETITIONER: --------------- L.K.N.BABU,(EX.CH.AA NO.59642-NAVY) ADAVANNA HOUSE, P.O.CHENAMANGALAM THEKKUMPURAM ERNAKULAM, KERALA. ADV.MR.M.RAJAGOPALAN MR.RAJIT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 5/08/2009, ALONG WITH W.A.No.1619/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ---------------------------------------- W.A.Nos.1622 & 1619 OF 2009 ---------------------------------------- Dated this, the 5th day of August, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.A. No.1622 OF 2009: The respondents in the Writ Petition are the appellants. This Writ Appeal is filed based on certain new materials, which were never placed before the learned Single Judge. We also notice that no counter affidavit was filed in the Writ Petition. The Appellate Court cannot find fault with the judgment of the learned Judge for not considering certain materials, which were not placed before him. In the result, the Writ Appeal is dismissed without prejudice to the contentions of the appellants and their right to move the learned Judge, in review. W.A. Nos.1622 & 1619/2009 - 2 - W.A. No.1619 OF 2009: For the very same reasons based on which we dismissed W.A.No.1622/2009, this Writ Appeal is also dismissed without prejudice to the contentions of the appellants and their right to move the learned Single Judge, in review. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR,JUDGE) ps