IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 725 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5766/2009 Dated 20/03/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, REGISTERED CHARITABLE SOCIETY WITH HEADQUARTERS AT "ASWATHY",T.C.28/1349,HINDU MISSION ROAD, THIRUVANANTHAPURAM-1,REP.BY ITS SECRETARY DR.R.AJAYKUMAR. 2. SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,NEMOM,THIRUVANANTHAPURAM-20, REP.BY ITS MANAGER THE IST PETITIONER HEREIN. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE SECRETARY,(HEALTH & FAMILY WELFARE DEPARTMENT),GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 3. THE CONTROLLING OFFICER OF HOMOEOPATHIC MEDICAL EDUCATION,GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,IRANIMUTTOM,THIRUVANANTHAPURAM-9. 4. DR.G.SOMASEKHARAN PILLAI, H.O.D.OF MATERIA MEDICA,SVHM COLLEGE, (UNDER SUSPENSION),RESIDING AT "RAJA NILAYAM"'VOLTAS LANE, VAZHUTHACAUD,TTOM,THIRUVANANTHAPURAM-14. R1 TO 3 BY GOVT. PLEADER SMT. R. BINDU R4 BY ADV. SRI. ELVIN PETER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 725 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the writ petitioners. The Writ pPetition was filed challenging Ext.P7 certificate issued by the third respondent, certifying that the 4th respondent is in charge of Shree Vidyadhiraja Homoeopathic Medical College, Nemom, Thiruvananthapuram and he is continuing as Principal-in- charge till date. It is a certificate dated 3.2.2009. According to the appellants, the 4th respondent was placed under suspension by the competent authority by Ext.P5 order dated 17.1.2009. In view of the said suspension order, Ext.P7 certificate issued cannot have any legal validity, it is submitted. 2. We notice that the 4th respondent has filed a Writ Petition challenging Ext.P5. Having regard to the sustainability of the challenge against Ext.P5, the learned Judge could have W.A.No. 725 of 2009 2 passed appropriate orders, including interim order to re-instate the said respondent in that writ petition. But such an order could not have been passed in the Writ Petition, in which the Management challenged Ext.P7. Going by Ext.P5, the same does not have any efficacy to obliterate Ext.P5 order. So, the impugned interim order is set aside. 3. This Writ Appeal is allowed as above. It is made clear that this is done without prejudice to the contentions of both sides regarding Ext.P5. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm