IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WA.No. 603 of 2009() -------------------- AGAINST THE ORDER IN WPC.17506/2008 Dated 04/11/2008 .................... APPELLANT(S): PETITIONER ------------------------ BABY CHARLES, DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, PATHANANTHITTA. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE POLICE STAFF CO-OPERATIVE SOCIETY LTD.NO.T.696, VAZHUTHACAUD, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE JOINT REGISTRAR, OFFICE OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE TREASURY OFFICER, SUB TREASURY, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. THE TREASURY OFFICER, SUB TREASURY, PATHANAMTHITTA. ADV. SRI.BABU S. NAIR FOR R1 GOVT. PLEADER SMT.R.BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO. 603 OF 2009 ----------------------------------------- Dated 24th March, 2009. JUDGMENT Balakrishnan Nair, J. This appeal is against an interim order. The appellant filed the Writ Petition to resist the recovery of amounts due from him to the 1st respondent Co-operative Society. The learned Single Judge passed an interim order, which was later extended on condition that the appellant pays Rs.22162/- within a period of three weeks. According to the appellant, the said amount is more than what is due from him. But, the 1st respondent seriously disputes the said submission. 2. If the learned Judge passed the interim order wrongly, reckoning the total amount due from the appellant to the 1st respondent, the appellant's remedy is to bring it to the notice of the learned Judge and seek modification of the interim order. No appeal will lie on that ground. Further going by the principles laid down by this Court in K.S.Das v. State of Kerala [1992(2) KLT 358 (FB)], this appeal against the interim order WA 603/2009 2 dated 4.11.2008 is not maintainable. Accordingly, it is dismissed without prejudice to the rights, if any, of the appellant to move the learned Judge for modification of the interim order. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS , JUDGE. nm/