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 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 2008 of 2009 --------------------- AGAINST THE ORDER IN IA No.12748 IN WPC.31095/2004 Dated 07/11/2008 .................... APPELLANTS/NOT PARTIES IN WRIT PETITION: --------------------------------------------------- 1. N.A.ALI, AGED 63 YEARS, S/O.ABDUL REHIMAN, NADUVILEPARAMBIL HOUSE, CANAL ROAD, N.PARUR, ERNAKULAM. 2. A.R.BOSE, AGED 60 YEARS, S/O.RAMAN PILLAI, KUTTIKKATTU HOUSE, CANAL ROAD, N.PARUR, ERNAKULAM. BY ADV. SRI.S.RAMESH BABU RESPONDENTS/PETITIONERS & RESPONDENTS IN WPC: ------------------------------------------------------------- 1. SMT.VALSALA PRASANNAKUMAR, MEMBER, WARD NO.5, NORTH PARAVOOR MUNICIPALITY, RESIDING AT PANCHAVALLYIL HOUSE, PALLAMTHURUTH ROAD, NORTH PARAVUR. 2. SRI.N.J.RAJU, MEMBER, WARD NO.2, NORTH PARAVOOR MUNICIPALITY, RESIDING AT MALIEKKAL VEEDU, CONVENT ROAD, NORTH PARAVUR. 3. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 4. SRI.D.MAHESH, MEMBER,WARD NO.19, NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 5. NORTH PARAVUR MUNICIPALITY, NORTH PARAVUR, REP. BY ITS SECRETARY. R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM. R4 BY ADV. SRI.V.G. ARUN. R5 BY ADV. SRI.T.A. SHAJI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2008 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009 JUDGMENT Basheer, J. Having heard learned counsel for the appellants, learned Standing Counsel for respondent No.3 and learned counsel for respondent No.4, we are of the view that this appeal need not be entertained at this stage, especially in view of the order passed in IA No.883 of 2009 in an unnumbered Writ Appeal preferred by the appellants. By the said order we had rejected the prayer of the appellants to grant leave to appeal. 2. This appeal is directed against the order passed by the learned Single Judge dismissing the petition filed by the appellants to get themselves impleaded in WP(C) No.31095 of 2004. 3. It is brought to our notice that WA No.1731 of 2009, filed by the State Election Commission against the judgment in WP(C) No.31095 of 2004, is pending consideration before WA No.2008 of 2009 -:2:- this Court. Learned counsel for the appellants submits that the appellants would not pursue this Writ Appeal since they intend to get themselves impleaded in WA No.1731 of 2009. In the above facts and circumstances, the Writ Appeal is closed with liberty to the appellants to get themselves impleaded in WA No.1731 of 2009, in accordance with law and if they desire to do so. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb