IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WA.No. 2030 of 2008 ----------------------------- ORDER IN W.P.(C).NO.24906/2008 DATED 02/09/2008. .................... APPELLANT/ 2ND RESPONDENT: ----------------------------------------------- K.V.RAJAN, S/O.KRISHNAN MOOTHA PODUVAL MAHADEVAGRAMAM, PO.PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER. RESPONDENTS/ PETITIONERS AND RESPONDENTS 1 AND 3: --------------------------------------------------------------------------------------- 1. PAYYANNUR SREE SUBRAHMANYA SWAMI TEMPLE, REP. BY ITS TRUSTEES, T.M.KUNJIPARAMESWARAN THIRUMUNPU, 76 YEARS. 2. K.M.RADHAKRISHNAN THIRUMUNPU, S/O.KESAVAN THIRUMUNPU, 76 YEARS. 3. K.GIRISHAN THIRUMUNPU, S/O.KESAVAN THIRUMUNPU, 5O YEARS. 4. R.M.SANKARA NARAYANAN THIRUMPUNPU, S/O.KUNHI PARAMESWARAN THIRUMUNPU, 40 YEARS. 5. A.K.RAJEEVAN PUDUVAL, S/O.LATE V.M.KUINHIKKAMMARA PODUVAL, AGED 50 YEARS. 6. K.A.MOHANAN PODUVAL, S/O.KUNHIRAMA PODUVAL, AGED 50 YEARS. 7. V.P.SUMITHRAN PODUVAL, S/O.NARAYANA PODUVAL, 42 YEARS. W.A. NO. 2030/2008: 8. PURACHERI MOHANAN PODUVAL, S/O.SEKHARA PODUVAL, AGED 55 YEARS, 9. T.K.NARAYANAN PODUVAL, S/O.CHINDA PODUVAL, AGED 57 YEARS. 10. KURUNTHIL RAMACHANDRAN PODUVAL, S/O. CHINDA PODUVAL, AGED 56 YEARS. 11. EDAVALATH RAJAN PODUVAL, S/O.KANNAN, AGED 58 YEARS. 12. PARANTHATTA MADHAVAN PODUVAL, S/O.CHINDA PODUVAL, AGED 57 YEARS. 13. V.T.V.RAGHAVAN PODUVAL, S/O.RAMA PODUVAL, AGED 57 YEARS, 14. THEPPATH KARIPPATH NARAYANAN PODUVAL, S/O.KUNHIRAMA PODUVAL, AGED 44 YEARS. 15. KALIYANTHIL KELAN RAJENDRAN PODUVAL, S/O.NARAYANA PODUVAL, 44 YEARS, OFFICE OF THE BOARD OF TRUSTEES, PAYYANNUR SREE SUBRAHMANYA SWAMI TEMPLE, MAHADEVAGRAMAM, PO.PAYYANNUR , KANNUR. 16. DEPUTY COMMISSIONER, H.R AND C.E (ADMN), DEPARTMENT, KOZHIKODE-20. 17. EXECUTIVE OFFICER, PAYYANNUR SREE SUBRAHMANYA SWAMI TEMPLE, MAHADEVAGRAMAM, PO.PAYYANNUR, KANNUR DISTRICT. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2030 OF 2008 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . This appeal is filed against the interim order passed by the learned single Judge. The learned Judge in the interim order itself held that an appeal will not lie to the Deputy Commissioner against the order of suspension. The appellant is constrained to file this appeal because of the above finding. We make it clear that the observations in the interim order is only for the purpose of granting interim relief and that question can be argued in appeal untrammelled by the observations in the interim order. It is contended that against the Deputy Commissioner's order, a revision application was filed before the Commissioner and that is pending. Question of jurisdiction of Deputy Commissioner and infirmities in the order can be taken before the revisional authority. It was further contended that after filing the revision, the writ petitioners cannot approach this court as all the contentions can be argued before the revisional authority. It is also submitted that no stay was granted by the revisional authority when the revision was filed. Since we are only considering the appeal against the interim order, we are of the view that W.A.No.2030/2008 2 this matter can be highlighted before the learned single Judge and the appellant shall approach the learned single Judge for an early disposal of the writ petition itself. With the above observations, this writ appeal is disposed of. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks