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ANISHA A BASHIR, D/O.V.S.BASHIR versus THE STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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ANISHA A BASHIR, D/O.V.S.BASHIR v. THE STATE OF KERALA, REPRESENTED BY THE - WA No. 1174 of 2006 [2006] RD-KL 3159 (12 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1174 of 2006()

1. ANISHA A BASHIR, D/O.V.S.BASHIR,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. THE DIRECTOR OF MEDICAL EDUCATION,

3. THE COMMISSIONER OF ENTRANCE

4. THE DIRECTOR OF HEALTH SERVICES,

5. THE PRINCIPAL,

6. BINDU, LECTURER IN OPTHALMOLOGY,

For Petitioner :SRI.C.P.MOHAMMED NIAS

For Respondent :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.V.K.BALI The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :12/12/2006

O R D E R

V.K. BALI, C.J. & C.N.RAMACHANDRAN NAIR, J.

W.A.No.1174 of 2006

Dated, this the 12th day of December, 2006



JUDGMENT

V.K.Bali,C.J.(Oral) The short order that has been impugned in the present writ appeal reads as follows:

"Heard the learned counsel for the petitioner. In view of the findings of this Court in the interlocutory order dated 21/06/2006 in W.P.C.No.15224 of 2006 and connected matters, I do not find any illegality with Ext.P2 order. This writ petition fails. Dismissed."

2. It is the conceded position that W.P.(C) No.15224 of 2006 and connected matters are still pending. We have gone through the interim order passed in W.P.(C) No.15224 of 2006 and connected matters which is a detailed order. In view of the detailed order passed in W.P.(C) No.15224 of 2006 and connected matters, at the most it would have been a case to decline stay, but not to dismiss the writ petition as such, as surely interim orders cannot be construed as expression of final opinion in the matter. The impugned order is set aside and the matter is remitted to the learned Single Judge. As mentioned W.A.No.1174/2006 2 above, W.P.(C) No.15224 of 2006 and connected matters are still pending. We direct the office to list the present writ petition in which appeal has been filed and also W.P.(C) Nos.15224 of 2006 and connected matters for hearing on 18.12.2006. In as much as, a detailed order has been passed, even though interim, by the learned Single Judge (Justice Thottathil B.Radhakrishnan), it will be appropriate that these matters are placed before the same Bench. Office shall list the matters as directed above, but it will be then for the counsel for the parties to make a request to the learned Single Judge for early hearing of the cases. Writ appeal is disposed of accordingly. V.K. BALI, CHIEF JUSTICE. C.N.RAMACHANDRAN NAIR,

JUDGE.

vns


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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