IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WA.No. 1962 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21244/2009 Dated 25/08/2009 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.AGRICULTURAL (PU) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY & AGRIUCLTURAL PRODUCTION COMMISSIONER AGRICULTURE DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN RESPONDENT(S): --------------- 1. LT. COL. (RETD) K.G.RAMACHANDRAN AGED 65 YEARS, S/O.LATE M.P KRISHNAN NAIR MANAGING DIRECTOR,KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM ,KOCHI 682 016. 2. RAJENDRA PANICKER,GENERAL MANAGER (CONSTRUCTION) KERALA STATE WAREHOUSING CORPORATION,HEAD OFFICE, WAREHOUSING CORPORATION ROAD, ERNAKULAM. ADV. SRI.JOBI.A.THAMPI FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.1962 of 2009 ----------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph,J. This is an appeal filed against interim order dated 25-8-2009 in W.P(C)No.21244/2009. The simple factual issue pertains to the question of continuance of the writ petitioner as Managing Director of the Kerala State Warehousing Corporation. The learned single Judge by the order impugned in the appeal stayed the termination. At the time of hearing we found that the writ petitioner has been continuing in the post of Managing Director ever since 5102006. As per Rule 9 of the Kerala State Warehousing Corporation Rules the Managing Director is to hold office only for a period of three years from the date of his appointment or till his successor is appointed. In that view of the matter we do not think that this court should go into the various contentions taken by the appellants as well as the respondents. All those questions are left open with a W.A.No.1962 of 2009 -:2:- clarification that the pendency of the writ petition or the interim order under appeal passed by the learned single Judge will not stand in the way of the competent authority taking appropriate action under Rule 9 of the Kerala State Warehousing Corporation Rules 1968 and the Act. The writ appeal is disposed of as above. Registry will post the writ petition before the learned single Judge next week, since the learned Senior Counsel seeks expeditious disposal. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.1962 of 2009 ---------------------------- JUDGMENT 9th October, 2009