IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WA.No. 1055 of 2009() --------------------- (AGAINST ORDER DT.7.4.2009 IN W.P.(C) NO.9441/2009) -------------------------------- APPELLANTS/RESPONDENTS 4 TO 6 IN THE W.P.(C): -------------- 1. K.A. ANILKUMAR METER READER, THRISSUR CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. 2. P.BABU, METER READER, THRISSUR CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. 3. M.K.RAMESH, METER READER, THRISSUR CORPORATION ELECTRICITY DEPARTMENT, THRISSUR. BY ADV. SMT.K.P.GEETHA MANI RESPONDENTS/ RESPONDENTS 1 TO 3 AND WRIT PETITIONERS: --------------- 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION NOW REDESIGNATED AS DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM. 2. THE THRISSUR CORPORATION ELECTRICITY DEPARTMENT, REP. BY THE ASST.SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 3. THE THRISSUR MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, THRISSUR CORPORATION. 4. T.BABU, OVERSEER, THRISSUR MUNICIPAL CORPORATION, ELECTRICITY DEPARTMENT, THRISSUR. W.A.NO.1055/2009 5. K.BALAMURALI, OVERSEER, THRISSUR MUNICIPAL CORPORATION, ELECTRICITY DEPARTMENT, THRISSUR. 6. C.RAMACHANDRAN, OVERSEER THRISSUR MUNICIPAL CORPORATION, ELECTRICITY DEPARTMENT, THRISSUR. SENIOR GOVT.PLEADER, SRI.BENNY GERVASIS FOR R1 SRI.R.KRISHNA RAJ FOR R4 TO R6. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR,JJ. ----------------------------------------- W.A. NO.1055 OF 2009 ----------------------------------------- Dated 25th May, 2009. JUDGMENT Balakrishnan Nair, J. The appellants are respondents 4 to 6 in the Writ Petition. This appeal is filed by them, feeling aggrieved by the interim order passed by the learned Single Judge on 7.4.2009. The operative portion of the said order reads as follows: “3. Pending further orders in the matter, it is clarified that the interim order passed in this case will not stand in the way of the 3rd respondent granting appropriate promotion to the 6th respondent. The interim order granted will continue for another two months subject to the modification shown above.” 2. Going by the above order, we notice that no appeal will lie against it, in view of the principles laid down by the larger Bench of this Court in K.S.Das v. State of Kerala [1992(2) K.L.T. 358(FB)]. The interim order will remain in force only up to 6.6.2009. The learned Judge has also noticed the possibility of passing further orders in the matter. If the appellants are aggrieved by the interim order granted, they can bring it to the notice of the WA 1055/2009 2 learned Single Judge, when the matter comes up for further extension of that order. In view of the above position, it is unnecessary to entertain this appeal. Further, going by the nature of the order impugned, no appeal will lie against it. Accordingly, the Writ Appeal is dismissed without prejudice to the contentions of the appellants and their right to move the learned Single Judge for appropriate orders. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/