IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WA.No. 733 of 2008 --------------------------------- AGAINST THE JUDGEMENT IN WPC.19101/2007 DATED 16-10-2007 .................... APPELLANT: 4TH RESPONDENT: ---------------------------------------------- TOMY SEBASTIAN, VALIKULATHIL HOUSE, MOOLAMATTOM P.O., IDUKKI DISTRICT. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 3, 5 & 6: ---------------------------------------------------------------------------------------- 1. C.M.THOMAS, ST.MARTINS AGENCIES, AWD NO.1, ARAKULAM, THODUPUZHA, IDUKKI DISTRICT. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. COMMISSIONER CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. THE DEPUTY CONTROLLER, RATIONING, THIRUVANANTHAPURAM. 5. THE DISTRICT SUPPLY OFFICER, IDUKKI. 6. TALUK SUPPLY OFFICER, THODUPUZHA. R1 BY ADV.SRI.K.I.MAYANKUTTY MATHER. R2 TO R6 BY SENIOR GOVERNMENT PLEADER SRI.P.K.BABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.733 of 2008 ---------------------------------------------- Dated, this the 14th day of July, 2008 JUDGMENT H.L.Dattu, C.J. The 4th respondent in W.P.(C) No.19101 of 2007 is the appellant in this writ appeal. 2. In fact, the appellant is not aggrieved by the orders passed by the learned Single Judge, wherein the learned Judge has only observed that the lis between the parties is pending before the first appellate authority for consideration and decision and that the appellate authority can take appropriate decision in the matter. 3. It appears that, after the disposal of the writ petition when the appeal before the first appellate authority was posted for hearing, the first appellate authority had expressed his opinion that since Ext.P6 order has already been confirmed by the learned Single Judge of this Court, he is not prepared to hear anything else on that issue. There is no order as such passed by the first appellate authority. Whatever stated in the writ appeal and also at the time of hearing of the writ appeal is only hearsay. Normally, we are not expected to take cognizance of W.A.No.733/2008 -2- those interactions that has taken place between the counsel and the District Collector. However, in order to alleviate the semblance of grievance of the appellant, we only observe that the appellate authority while deciding the lis between the parties will decide the same in accordance with law, untrammelled by the observations made by the learned Single Judge while disposing of W.P.(C) No.19101 of 2007. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS