IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 RP.No. 790 of 2009 -------------------- AGAINST THE JUDGEMENT DT. 22.1.2009 IN WA.1837/2007 . ................... REVIEW PETITIONER(S)//APPELLANTS: -------------------------------- 1. M/S.C.V.P.PROPERTIES PVT.LTD., REP.BY ITS MANAGING DIRECTOR SHRI.JOHN C.P., CROSS JUNCTION, THIRUVALLA-689 101, PATHANAMTHITTA DISTRICT. 2. M/S.C.V.P.REALTORS PVT., REP.BY ITS DIRECTOR MS.ANITHA C.JOHN, CROSS JUNCTION,THIRUVALLA-689 101, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ANTONY C. ETTUKETTIL RESPONDENT(S)//RESPONDENTS ----------------------- 1. THE TAHSILDAR, TALUK OFFICE, THIRUVALLA. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT. BY GOVT. PLEADER SMT. R. BINDU. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & V. GIRI, JJ. ------------------------------------ R.P. No.790 of 2009 in W.A. No.1837 of 2007 ------------------------------------ Dated, this the 25th day of September, 2009 Order Balakrishnan Nair, J. This Review Petition is filed against the judgment in W.A. No.1837 of 2007. It is an appeal filed against an ad interim order passed by the learned Single Judge in the Writ Petition. Stay of collection of building tax from the petitioners was granted subject to certain conditions. Dissatisfied with the conditions imposed by the learned Single Judge, the Writ Appeal was filed. The learned counsel for the review petitioners submitted that there was no interim order in the Writ Appeal. Finally, the Writ Appeal was disposed of by the judgment under review taking the view that since there was no interim order, it is not necessary to pass any order in the Writ Appeal. 2. We notice that the Writ Appeal was not maintainable, going by the principles laid down by this Court in K.S. Das v. State of Kerala, 1992 (2) KLT 358. In the said R.P. No.790 of 2009 - 2 - decision, it was held that no appeal will lie under Section 5 of the Kerala High Court Act against an ad interim order passed by a learned Single Judge. In view of the above position, we find nothing wrong with the dismissal of the appeal. Accordingly, the Review Petition is closed without prejudice to the rights, if any, of the review petitioners to move the learned Single Judge, for appropriate reliefs. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- V. GIRI, JUDGE. DK. (True copy)