IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WA.No. 387 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3007/2010 Dated 29/01/2010 .................... APPELLANT(S): APPELLANT ----------------------- SOUTH JANATHA ROAD RESIDENT'S ASSOCIATIO REPRESENTED BY ITS SECRETARY, DR.PH.HARIDAS, SOUTH JANATHA ROAD, PALARIVATTOM, COCHIN-682 025. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) RESPONDENT(S): --------------- 1. CAPT.K.C.THOMAS, KATTAMPILLY HOUSE, RESIDING AT 5 -C,"AMEYA-GOKULAM SOUTH JANATHA ROAD, PALARIVATTOM,,KOCHI-682 025. 2. ALAN PAPALI, ADVOCATE, RESIDING AT 41 "AMEYA-GOKULAM" SOUTH JANATHA ROAD, PALARIVATTOM,,KOCHI-682 025. 3. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CPRPORATION OFFICE, ERNAKULAM. 4. THE SECRETARY, CORPORATION OF COCHIN, CORPORATION OFFICE, ERNAKULAM. 5. THE CORPORATION COUNSEL,REPRESENTED BY THE SECRETARY, CORPORATION OF COCHIN, CORPORATION OFFICE, ERNAKULAM. R1 AND R2 BY ADV. SRIL JIJO PAUL R3 AND R4 BY SC SRI. RAMESH BABU R5 BY SC SRI. K. CHANDRAMOHAN DAS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN, Ag. C.J. & C .N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. A. No. 387 OF 2010 -------------------------------------------- Dated this the 4th day of March, 2010 JUDGMENT Raman, Ag. C. J. The learned single Judge in the Writ Petition has only directed Ext.P4 appeal filed by respondents 1 & 2 herein to be disposed of by the fifth respondent-Corporation Council. Counsel for the appellant, who was not a party to the Writ Petition, submits that no appeal will lie and remedy if any for respondents 1 and 2 is to file appeal before the Tribunal. Learned counsel appearing for respondents 1 and 2, Sri. Jijo Paul, submits that he will not press Ext.P4 appeal and will prefer appeal before the Tribunal. If that be so, there is no reason to entertain the appeal. We have also heard standing counsel for Corporation Council who has agreed that no appeal will lie. Hence Ext.P4 would stand withdrawn but respondents 1 and 2 will file the appeal before the Tribunal. Writ Appeal is dismissed modifying the judgment of the learned single Judge as above. (P.R. RAMAN) Ag. Chief Justice (C.N.RAMACHANDRAN NAIR) Judge. 2