IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WA.No. 1193 of 2009 --------------------- AGAINST THE ORDER IN WPC.16748/2008 DATED 18/02/2009 .................... APPELLANT/PETITIONER: --------------------------- RENISH N.R., S/O.N.K.RAVINDRAN AGED 36 YEARS, RESIDING AT NJALUPADI HOUSE A.M.ROAD, P.O.PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV.SRI.RAMAPRASAD UNNI SRI.C.S.MANU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 033. 2. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION THIRUVANANTHAPRUAM 695 033. 3. THE DISTRICT COLLECTOR, COLLECTORATE KUYILIMALA, PO PAINAVU, IDUKKI 685 603 4. THE REVENUE DIVISIONAL OFFICER DEVICOLAM, IDUKKI 685 613. 5. THE TAHSILDAR, UDUMBANCHOLA, TALUK IDUKKI 685 554. BY GOVERNMENT PLEADER, SRI.GEORGE GOPAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1193 OF 2009 and I.A. No. 750 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 JUDGMENT Manjula Chellur, Ag. C.J. This appeal is filed challenging the interim order dated 18.02.2009 which reads as follows: “By order dated 12.01.2009, this Court permitted the respondents to resume the activities in the resort taken over from the petitioner. A report has now been submitted to the effect that in compliance with the aforesaid order by Govt. Order, G.O.(Rt) No.1055/2009/ISM dated 09.02.2009 the resort has since been handed over to the Managing Director, Kerala Tourism Development Corporation. I am satisfied that this satisfies the requirement of this order. Report is recorded. Needless to say that ti is up to the petitioner to seek appropriate remedies, if he is aggrieved by the present Govt. Order. Third respondent shall file periodical reports.” 2. We note from the prayers made in the writ petition that, both the main relief and the interim relief is to handover the resort in question to the appellant herein for running the resort. That being the situation and in the light of G.O.(Rt) W.A. No. 1193 of 2009 -:2:- No.1055/2009/ISM dated 09.02.2009 wherein the resort in question is handed over to the Managing Director, Kerala Tourism Development Corporation, we are of the opinion, the Writ Petition has to be disposed of and no purpose will be served by deciding the appeal on merits, as it would go to the root of the controversy pending before the learned Single Judge. Therefore, we direct the appellant to seek early disposal of the writ petition after amending the reliefs sought by him, if he desires so. With these observations, the Writ Appeal is disposed of. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb