1. The decision of M.P. Menon, J. in Eastern Sea Food (P) Ltd., v. R.T.A. and others (1985 KLJ. 968) was overruled by us in Velayudhan Nadar v. State of Kerala (1986 KLT. 633), by judgment delivered on 3rd April, 1986, just before the summer vacation. When the same question arose before the same learned judge in this Writ Petition soon after the vacation, the learned judge, instead of following the Division Bench ruling, binding on the single Bench reiterated his own view expressed in the decision overruled, and referred the case to a larger "Bench" by a lengthy reference order dated 10th July, 1986. In an unprecedent move the reference order itself was marked for reporting and the same is reported in Kannappan v. R.T.O. (1986 KLT. 911). The learned judge has observed in the reference order that our Bench decision has left "many a precedent of this court in shambles" obviously because we "were not cautioned by counsel against such an inherent danger". When the learned judge was pressed by the Government Pleader to follow the Division Bench ruling, that was brushed aside by the remark:

"Though the learned Government Pleader would suggest, with the touch of a shipwrecked