IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WA.No. 1213 of 2010() --------------------- (AGAINST THE JUDGMENT IN WPC 12678 OF 2010 DATED 9.4.2010) APPELLANT(S): PETITIONER IN WP ------------------------------ DR. K.S. MOHANAN, ASST. PROFESSOR (CARDIOLOGY) MEDICAL COLLEGE, ALAPUZHA. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT(S): RESPONDENT IN THE WP. ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNEMTN OF KERALA DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM. BY G.P. SRI. LAKSHMI NARAYANAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 1213 of 2010 -------------------------------------------- Dated this the 20th day of July, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against the judgment of the learned single Judge holding that review petition filed by the appellant against the disciplinary action taken against him was filed with a delay and therefore mandamus will not lie against the State. However, counsel for the appellant submitted that review petition has been disposed of by the State which he wishes to challenge. We notice from the impugned judgment that the learned single Judge has not considered whether the review petition itself was maintainable and if so a mandamus should have been issued. In any case, since the appellant is free to challenge the order in the review petition, there is no need to decide the Appeal on merits. In view of the wish expressed by the appellant to challenge the order in the review petition, we close the Writ Appeal leaving freedom to the appellant to raise all contentions while challenging the order in the review petition. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk 2