A writ appeal against an interim order is not maintainable if the petitioner is not aggrieved by the order and has already received the sought relief.

JUDGMENT :

Anil K. Narendran, J.

The petitioner in W.P.(C)No.8960 of 2025 has filed this writ appeal, invoking provisions under Section 5(i) of the KERALA HIGH COURT ACT , 1958, challenging the interim order dated 06.03.2025 of the learned Single Judge in that writ petition. The said writ petition was filed by the petitioner, namely, the Principal, Century International Institute of Dental Science and Research Centre, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 communication dated 24.02.2025 issued by the 3^rd respondent Kerala University of Health Sciences, whereby the petitioner is required to furnish the details of students and house surgeons currently doing BDS course at Century International Institute of Dental Science and Research Centre, in the format given in the said communication, on or before 28.02.2025. The said communication is one issued based on the request made by the 4^th respondent Director of Medical Education, Kerala, to the 3^rd respondent University, to take steps to reallocate BDS students in the Dental College on the ground that the college lacks hospital facility. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent Union of India and the 2^nd respondent Dental Council of India to take an appropriate decision on Ext.P11 representation dated 07.11.2024 and Ext.P12 representation dated 12.12.2024, before proceeding against the Dental College either under Section 16 and 16A of the DENTISTS ACT , 1948, which deals with withdrawal of recognition, or Regulation 11A of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006; a declaration that the respondents can look into the facilities available in the Government Hospital with which the Dental College has a tie up and not with the private owned hospital [sic: the hospital attached to the Dental College], which is yet to be functional; a writ of mandamus commanding respondents 1 and 2 to reassess the facilities in connection with the Dental College, keeping in mind the tie up of the Dental College with the Government Hospital.

2. The interim relief sought for in that writ petition, reads thus;

“It is therefore prayed that this Hon’ble Court may be pleased to stay all further proceedings pursuant to Ext.P13, pending disposal of the writ petition.” (underline supplied)

3. On 06.03.2025, when the writ petition came up for admission, the learned Single Judge admitted the matter on file and granted an interim order, which reads thus;

“Counsel for the petitioner submits that Dental Hospital within the premises of the Institution had to be demolished consequent to the widening of the National Highway and the construction of the new Dental Hospital building is completed. It is yet to become functional. In the meanwhile, with the approval of the respondents, the Hospital had a tie up with the Government Hospital and the said facility is being utilised even today. Now, holding that the new Dental Hospital lacks facility, proceedings have been initiated.

2. By Ext.P13, the petitioner is requested to provide the details of students and House Surgeons currently undergoing BDS Course in the Institution with intention to reallocate the students of the College.

3. A