IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WA.No. 2160 of 2009 ------------------------- AGAINST THE ORDER IN WPC.26787/2009 Dated 23/09/2009 .................... APPELLANT(S): RESPONDENTS 1 TO 6 IN WP: -------------------------------------------------- 1. THE DEPUTY CONTROLLER OF RATIONING, SOUTHERN REGION, KOLLAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM-695 001. 3. THE CONTROLLER OF RATIONING, DEPARTMENT OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR, ERNAKULAM. 5. DISTRICT SUPPLY OFFICER, ERNAKULAM. 6. CITY RATIONING OFFICER, ERNAKULAM. BY ADDL.A.G. SRI.RANJIT THAMPAN & SR. GOVERNMENT PLEADERSRI.M.K.SABU. RESPONDENT(S):RESPONDENTS: ------------------------------------ 1. N.SUBRAMONIAM, AWD NO.4, POTTAKKUZHI, ERNAKULAM. 2. K.S.SAJI, AWD NO.5, PALLURUTHY. BY ADV.SI.K.I.MAYANKUTTY MATHER. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2160 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2009. Judgment Basheer, J: This Writ Appeal is at the instance of the officials in the Department of Civil Supplies in the Government of Kerala. 2. Appellants impugn the interim order dated September 23, 2009 passed by the learned single Judge in W.P.No.26787/09. By the impugned order, the learned single Judge has stayed the operation of the order dated September 22, 2009 issued by the District Supply Officer, Ernakulam suspending the licence of respondent No.1 to run Authorised Wholesale Depot No.4. The learned single Judge further directed the respondents to transfer the stock of rationed articles back to the writ petitioner after stock verification. 3. It is contended by Sri. Ranjit Thampan learned Addl. Advocate General, who appears for the appellants that the learned single Judge was not justified in directing the Department to restore the right to run the AWD to the writ petitioner, especially since the petitioner had apparently approached the court with unclean hands and suppressing material facts. It is pointed out by the learned Addl. Advocate General that the petitioner had wilfully suppressed the fact that he had been served with the order issued by the WA.2160/09 : 2 : District Supply Officer suspending the licence. Learned Addl. Advocate General has also invited our attention to various documents now available on record, especially those prepared by the Departmental Officers while making physical verification of the stocks available in the go-down of the petitioner to show that there are grave irregularities in the running of AWD. 4. We do not propose to refer to or deal with any of the contentions raised by the appellants at this stage, nor do we intend to advert to any of the contentions raised by the writ petitioner either, since in our view, this writ appeal is liable to be rejected on a short ground. 5. It is brought to our notice that the Department had subsequently moved an application before the learned single Judge with a prayer to vacate the interim order which is impugned in this writ appeal. However the learned single Judge has admittedly rejected the above application and refused to vacate the order. The order passed by the learned single Judge on the said application on September 29, 2009 has been made available for our perusal. Obviously therefore the present writ appeal need not be considered on merit, since even if the contentions raised by the appellants are dealt with and decided on merits, the subsequent order passed by the learned single Judge refusing to vacate the interim order will WA.2160/09 : 3 : stare at the face of the appellants. In the absence of any challenge to that order, this writ appeal has practically become infructuous. 6. Therefore without expressing any opinion on the merit of the contentions raised by either side, the writ appeal is closed. It will be open to the appellants to make a request to the learned single Judge to expedite the hearing of the writ petition, if they choose to do so. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.