IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WA.No. 766 of 2009() -------------------- AGAINST THE /ORDER IN WPC.7143/2009 Dated 26/03/2009 .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- SHREE VIDYADHIRAJA VIDYA SAMAJAM REGISTERED CHARITABLE SOCIETY WITH HEADQUARTERS AT 'ASWATHY' T.C.28/1349 HINDU MISSION ROAD, THIRUVANANTHAPURAM-1 REPRESENTED BY ITS SECRETARY DR.R.AJAYKUMAR. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): PETITIONER ------------------------- 1. DR.G.SOMASEKHARAN PILLAI, H.O.D.OF MATERIA MEDICA, SVHM COLLEGE (UNDER SUSPENSION) RESIDING AT 'RAJA NILAYAM,VOLTAS LANE,VASHUTHACAUD THIRUVANANTHAPURAM-14. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, (HEALTH & FAMILY WELFARE DEPARTMENT) GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -1 3. THE PRESIDENT,SHREE VIDYADHIRAJA VIDYA SAMAJAM REGISTERED CHARITABLE SOCIETY WITH HEADQUARTERS AT 'ASWATHY'T.C.28/1349, HINDU MISSION ROAD, TRIVANDRUM-1 4. THE PRINCIPAL & CONTROLLING OFFICER GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM-9. R1 BY ADV. SHRI, ELVIN PETER R2 & 4 BY GOVT. PLEADER SHRI. NOBLE MATHEW THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 766 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2009 JUDGMENT Balakrishnan Nair, J. The interim order passed by the learned Single Judge, in W.P.(C) No.7143 of 2009 on 26.3.2009, is under challenge in this appeal. The said order reads as follows: “Heard both sides. Admit. There will be a stay of Ext.P10” 2. It is well settled that no appeal will lie against an ad interim order. In that case, the remedy of the appellant is to move the very same Judge, who passed the order for modification of it. In this case, we notice that, the appearance of the counsel for the respondent is noted in the interim order. The said order also states that it was passed after hearing both sides. If that be so, the order should contain reasons for passing the interim order. It should atleast briefly deal with the rival W.A.No. 766 of 2009 2 contentions and also give the reasons for accepting the contentions of one side and for rejecting the contentions of the other side. Since an order is appealable to the Division Bench in certain circumstances, in view of the decision of the larger Bench of this Court in K.S. Das v. State of Kerala (1992 (2) KLT 358), it is all the more necessary that the order should contain reasons. In view of the above position, the impugned interim order cannot be sustained. Accordingly, it is set aside and the learned Judge is directed to re-hear the application for interim relief. Since the writ petitioner/respondent is retiring from service on 30.4.2009, we hope that the learned Judge will give priority to the matter and pass appropriate orders at the earliest. 3. The appeal is disposed of as above. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm