IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WA.No. 524 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22337/2004 Dated 23/08/2004 .................... APPELLANTS: RESPONDENTS 1 TO 3 ----------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.G. JUNCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. Government Pleader MR.K.SANDESH RAJA RESPONDENTS: PETITIONER & RESPONDENTS 4 TO 6 -------------------------------------------- 1. MENON LAXMI BHUVANENDRA, LECTURER IN JOURNALISM, FAROOK COLLEGE, FAROOK COLLGE P.O., KOZHIKODE DISTRICT. 2. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, CALICUT UNIVERSITY, THENHIPALAM P.O., MALAPPURAM DISTRICT. 3. THE MANAGER, FAROOK COLLEGE, FAROOK COLLEGE P.O. 4. THE PRINCIPAL, FAROOK COLLEGE, FAROOK COLLEGE P.O., KOZHIKODE. BY K.B.MOHAMMED KUTTY SHRI.NOUSHAD THOTTATHIL SHRI.P.C.SASIDHARAN, SC CALICUT UTY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Appeal No.524 of 2008 -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. This appeal is filed against the judgment in WP(C) No.22337/04. In fact, the said judgment was reviewed in RP No.89/07 and as per order dated 21.03.2007 in that RP, the judgment was recalled. In the meantime, pursuant to the judgment under review, order no.D4/4628/02 dated 04.11.2004 was passed by the Deputy Director of Collegiate Education, Kozhikode. Therefore, the learned single Judge while allowing the RP, set aside that order also. Now, the writ petition is pending before this court for final hearing. In view of the above position, the appeal against the main judgment is not maintainable. But the learned Government Pleader submitted that the writ appeal has been amended by challenging the order under review. Since the Writ Petition is pending, it is unnecessary to challenge the order under review. Accordingly, the Writ Appeal is closed without prejudice to the contentions of the appellants. All their contentions are kept open which they can raise at the time of final hearing of Writ Petition (C) No.22337/04. K.BALAKRISHNAN NAIR,JUDGE 07.04.2008 P.N.RAVINDRAN, JUDGE sta