IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WA.No. 2572 of 2009 --------------------- AGAINST THE ORDER IN IA 12609/2009 IN WPC.28287/2009 Dated 13/11/2009 .................... APPELLANT /1ST RESPONDENT IN IA/PETITIONER IN WPC ------------------------ PROF.(DR) P.C.RAJENDRAN, PROFESSOR, (HORTICULTURE) & HEAD COMMUNICATION CENTRE, MANNUTHY, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT-680 656. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S):/PETITIONER & RESPONDENTS 2 & 3 IN IA/ RESPONDENTS IN WPC -------------------------- 1. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT, PIN-680 656. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT, PIN-680 656. 3. DR. P.A.NASEEM, PROFESSOR & HEAD CPBMB, COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT, PIN-680 656. BY SRI.K.P.MUJEEB, SC FOR R1 & R2 ADV. SRI.N.M.MADHU FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A.NO.2572/2009 ------------------------------ Dated this, the 17th day of November, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. The Writ Petition was filed by him, challenging Ext.P1 order, as per which he was transferred from the post of Professor (Horticulture) and Head, Communication Centre, Mannuthy to the post of Special Officer (Project formulation). Though, initially, there was a stay, the learned Single Judge, after hearing both sides, vacated the stay order, on finding that the substitute posted in his place has already joined duty before the interim order was passed. Feeling aggrieved by the order vacating the interim stay granted, this appeal is preferred. 2. We think this appeal cannot be entertained, going by the parameters laid down by this Court in K.S.Das v. State of Kerala [1992(2) KLT 358 (FB)]. Further, if we deal with the matter on merits, the same will affect one side or the other, WA No.2572/2009 - 2 - while the Writ Petition is finally heard. So, the Writ Appeal is dismissed as not maintainable. If the appellant moves for early hearing, this being a transfer matter, the learned Single Judge may consider giving some priority for the disposal of the Writ Petition. K. Balakrishnan Nair, Judge. P. Bhavadasan, Judge. nm.