IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WA.No. 9 of 2010() ------------------ AGAINST THE ORDER IN I.A.NO.15971/2009 IN WPC.31007/2009 DATED 22.12.2009 .................... APPELLANT(S): PETITIONER -------------- M.MOHAMMED RAPHY, WELFARE OFFICER, COCHIN PORT TRUST, COCHIN-9 BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): RESPONDENTS --------------- 1. THE CHAIRMAN, COCHIN PORT TRUST, KOCHI-9 2. THE COCHIN PORT TRUST REPRESENTED BY ITS SECRETARY, W.ISLAND, KOCHI-9 ADV.SRI.E.K.NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 9 OF 2010 --------------------------------------------- Dated this the 5th day of January, 2010 JUDGMENT Balakrishnan Nair, J. This appeal is filed challenging the interim order passed by the learned Single Judge in I.A. No.15971 of 2009 in W.P.(C) No. 31007 of 2009. The learned Single Judge declined to grant stay of reversion of the petitioner under Ext.P1. The learned Judge took the view that since the reversion is ordered in implementation of the decision of the Division Bench of this Court in Writ Appeal No. 1730 of 2007, stay cannot be granted. We think that the said view taken by the learned Single Judge cannot be said to be arbitrary or perverse. It is an order passed in the discretion of the learned Judge. Going by the principles laid down by the Full Bench of this Court in K.S. Das v. State of Kerala, 1992(2) K.L.T. 358, we think this appeal is not maintainable under Section 5 of the Kerala High Court Act. W.A. NO. 9/2010 2 In the result, the appeal fails and it is accordingly dismissed, but without prejudice to the contentions of the appellant in the Writ Petition. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 9/2010 3 K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO.9/2010 JUDGMENT 5th January, 2010 W.A. NO. 9/2010 4