Writ petitions against appealable orders are not maintainable; temporary stays may be issued pending appeal.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari, or any other appropriate writ, order, or direction quashing the Exhibit P8 and Exhibit P9 order issued by 1st respondent.

ii. Issue a writ of certiorari, or any other appropriate writ, order, or direction quashing the Exhibit P10 issued by 2nd respondent.

iii. Issue a writ of mandamus , or any other appropriate writ, order, or directing the 1st respondent to pass fresh order on Exhibit P1 file by the 3rd respondent after consider the objection of the petitioner filed as per the Exhibit P5 and affording the opportunity of hearing the petitioner.

iv. To grant such other and incidental reliefs as this Hon’ble court may deem fit, just and necessary in the peculiar facts and circumstances of this case (SIC)

2. This Writ Petition is filed challenging Ext.P9.

Admittedly Ext.P9 is a final order in accordance with Section 235 (w) of the Kerala Panchayat Raj Act . It is also an admitted fact that it is an appealable order. In such circumstances this Court cannot entertain this writ petition. The counsel for the petitioner submitted that a breathing time may be given.

3. Considering the facts and circumstances of the case,, there can be a direction to keep in abeyance all further proceedings based on Ext.P9 for a period of three weeks. In the meanwhile, the petitioner is free to approach the jurisdictional appellate authority in accordance with law.

Therefore, this Writ Petition is disposed of in the following manner:

1. All further proceedings based on Ext.P9 shall be kept in abeyance for a period of three weeks.

2. In the meanwhile, the petitioner is free to approach the jurisdictional appellate authority in accordance with law.

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