IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WA.No. 2387 of 2008 --------------------------- AGAINST THE ORDER IN WPC.8373/2007 Dated 09/12/2008 .................... APPELLANT/PETITIONER: ------------------------------------ SHAJU SEBASTIAN, S/O. SEBASTIAN, PADINHARETHARA, VYTHIRI, WYNAD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE SECRETARY, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY, WYNAD DISTRICT. 2. THE MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY – REPRESENTED BY ITS SECRETARY, 3. THE PRESIDENT, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY. R1 TO R3 BY ADV.SRI.P.C. SASIDHARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2387 of 2008 ---------------------------------------------- Dated, this the 15th day of December, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.8373 of 2007 dated 9.12.2008. 2. By the impugned order, the learned Single Judge has vacated the interim order granted earlier. The learned Single Judge has not decided the case on merits. If, for any reason, the petitioner succeeds in the writ petition, the learned Judge can always ask the respondents to restore possession to the petitioner. Therefore, we do not find any reason to interfere with the discretionary orders passed by the learned Single Judge. Therefore writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS