Kochi, Nov 30 (UNI) The Kerala High Court today dismissed an appeal by the state government against the interim order of a single judge restraining the newly-elected managing committee of the Pariyaram Cooperative Society from enrolling new members and making appointments.
A division bench comprising Justices K Balakrishnan Nair and K P Balachandran dismissed an appeal filed by the Inspector General of Police, Northern Range, aggrieved by certain observations made in the interim order of the single judge against the police.
Advocate General C P Sudhakara Prasad prayed for expunging the adverse remarks. The bench, however, did not accept the plea and dismissed the appeal after observing that the remarks were only prima facie observations of the single judge.
Rejecting the state government's plea to lift the interim stay, the bench observed the single judge took the stand that the order passed by him for issuing notice in the petitions was correct.
Such an order was not the one against which an appeal lies under the Kerala High Court Act.
''Therefore, according to us, the writ appeal is not maintainable,'' the bench observed.
No judge or court will be bound by the prima facie findings entered at the preliminary or interlocutory stage, it said.
Former State Minister M V Raghavan and others had filed petitions before the single, judge challenging the validity of the election held on September 23, 2007 to the managing committee of the Pariyaram Co-operative Society.