High CourtsDivision Bench(2010) 10 KL CK 0184

M.D. Baby vs K. Sasidharan and Others

High Court Of Kerala · Decided on 14 October 2010

HON’BLE JUDGES
J. Chelameswar, C.J · P.R. Ramachandra Menon, J
CASE NUMBER
W.A. No. 1785 of 2010

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Judgment

4 paragraphs · 173 words

J. Chelameswar, C.J.—This appeal is preferred against an interim order dated 06.10.2010 in W.P.(C) No. 21465 of 2010 by which a learned Judge of this Court passed certain interim directions restraining the appellant herein from conducting quarrying operations in a particular quarry (the details of which may not be necessary for the present purpose).

2.

Sri.K. Radhakrishnan, the learned senior Counsel appearing for the appellant strenuously submitted that such an interim order is not tenable having regard to the various aspects of fact and law involved in the writ petition. An examination of all those aspects in this appeal against an interim order, in our opinion, would effectively render the writ petition infructuous.

In the circumstances, we decline to examine the merits of the case. Having regard to the nature of the dispute, we deem it appropriate to hear the writ petition itself at an early date. The Registry is therefore directed to post W.P.(C) No. 21465 of 2010 for hearing before appropriate Bench on 20.10.2010.

The Writ Appeal is disposed of accordingly.