State Of Kerala vs Aliyas Jose
2022 Latest Caselaw 8639 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                   &
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WA NO. 799 OF 2022
  AGAINST THE ORDER IN WP(C) 17112/2021 OF HIGH COURT OF KERALA
APPELLANTS:
     1     STATE OF KERALA
           SECRETARY TO GOVERNMENT ,DEPARTMENT OF SOCIAL WELFARE,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2      STATE OF KERALA
           SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    3      DISTRICT COLLECTOR
           COLLECTORAT,E CIVIL STATION, KAKKANAD, PIN - 682030

    4      DISTRICT EMPLOYMENT OFFICER
           CIVIL STATION, KAKKANAD, ERNAKULAM, , PIN - 682030

           BY GOVERNMENT PLEADER


RESPONDENT:
           ALIYAS JOSE
           S/O JOSE, MADATHIKKUNNATHU HOUSE, ONAKKOOR, P.O.,
           PAMPAKUDA, MUVATTUPUZHA, ERNAKULAM, PIN - 686667

           BY ADV K.S.SAJEEV KUMAR


           GOVERNMENT PLEADER SRI.BIJOY CHANDRAN


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.NO.799 OF 2022
                                         2



                                JUDGMENT

Dated this the 6th day of July, 2022

A.K.JAYASANKARAN NAMBIAR,J

This writ appeal came up before us today for condoning a delay of 27

days in filing this writ appeal. When we went through the averments in the

writ appeal, we find that it is against an interim order of a learned Single

Judge, which interim order, in our view, is not in the nature of a final

adjudication of any of the rights of the parties in the writ petition.

Under such circumstances, we do not see this writ appeal as

maintainable against the interim order impugned therein. Accordingly, while

we condone the delay in filing the writ appeal, we dismiss the same as not

maintainable. We make it clear that it is open to the Government to move the

learned Single Judge for a modification of the interim order, citing the

grounds urged in the writ appeal.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

AJ/06.07.2022 W.A.NO.799 OF 2022

APPENDIX OF WA 799/2022

PETITIONER ANNEXURES

Annexure A G. O. (RT)NO.19/2020/SJD DATED 25.08.2020

Annexure B TRUE COPY OF THE PRIORITY LIST PREPARED BY DISTRICT COLLECTOR, ERNAKULAM DATED

-/11/2021

Annexure C TRUE COPY OF THE LIST SHOWING THE NUMBER OF CANDIDATES DATED 15.07.2021 AND THE RELEVANT PAGES OF THE CANDIDATE'S LIST WHEREIN THE NAME OF THE RESPONDENT HEREIN

Petition PETITION FOR IMPLEADMENT

Statement STATEMENT FILED BY THE ADDITIONAL 4TH RESPONDENT