IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WA.No. 1798 of 2009 ----------------------------- AGAINST THE JUDGEMENT IN WPC.1968/2007 Dated 01/04/2009 .................... APPELLANT/WRIT PETITIONER --------------------------------------------- ANILA DEVI R., AGED 25 YEARS,VADAKKEMURIYIL VEEDU, MALAKKARA P.O.,EDAYARANMULA (VIA), ARANMULA VILLAGE,KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT (RESENTLY). BY ADV. SRI.S.HARIKRISHNAN RESPONDENTS/RESPONDENTS IN WPC. ---------------------------------------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY,DEPARTMENT OF SOCIAL WELFARE AND SC/ST DEVELOPMENT,SECRETARIAT,TRIVANDRUM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY,PATTOM,THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, PSC DISTRICT OFFICE, PATHANAMTHITTA. 4. THE VILLAGE OFFICER,ENATHU,ADOOR. 5. THE VILLAGE OFFICER,ARNAMULA. R1, R3 TO R5 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1798 of 2009 ------------------------------------------ Dated this the 25th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. This writ appeal is filed challenging the order of the learned Single Judge dated 1st April, 2009, on which date, on the submission of the petitioner's counsel and on the instructions of the petitioner, the writ petition was dismissed as not pressed. Thereafter the present writ appeal is filed after about five months stating that there is a mistake on the part of the appellant/petitioner in submitting the prayer of “not pressed” as she was in depressed condition because of the ill-health of her husband. 2. At the outset, it is to be noted that when the submission is made by a responsible counsel on the instructions of the party, it is not open for the party to turn around and say something else. Moreover, the effort of the petitioner to reopen the case before the learned Single Judge has also failed and only W.A.No.1798 of 2009 - 2 - thereafter, it appears, the present story has been put forward to seek sympathy of the court. Such turn arounds are not permitted and hence we find no merit in the appeal. Writ appeal is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns