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2026 Supreme(Online)(Ker) 28268

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
JYOTHIR KRISHNA B. – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 907 OF 2026|WP(C) NO.16407 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.VISHNU BHUVANENDRAN
For the Respondents: SRI.K.P.HARISH, SR.GP.

Interlocutory modification of interim stay permitting top-ranked appointments subject to writ outcome upheld; no illegality found.

Headnote:First Paragraph: No specific statutes quoted. The writ petition challenged the selection process for entrepreneurs to conduct Akshaya Centres. The Single Judge initially stayed the ranked list subject to the writ outcome, later modified on 22.01.2026 to permit top-ranked appointments subject to the writ result. The Division Bench found no illegality in the modification. Second Paragraph: Whether the interlocutory order modifying the interim stay was proper. The court observed the order was interlocutory, passed early, and appointments remained subject to writ result, finding no illegality. Last Paragraph: The writ appeal is dismissed.

The writ petitioner is the appellant. Selection of entrepreneurs for conduct of Akshaya Centres, is under challenge in the writ petition. 2. It appears that the learned Single Judge had initially granted an interim order to the effect that the ranked list prepared would be subject to the result of the writ petition. Thereafter, the order was modified on 22.01.2026, clarifying that the earlier order would not stand in the way of the top- ranked persons being appointed and that such appointments shall be subject to the result of the writ petition. The said order dated 22.01.2026 is under challenge in this writ appeal.

WA NO. 907 OF 2026

3. We have heard the learned counsel for the appellant/petitioner and the learned Government Pleader.

4. The impugned order is only interlocutory in nature. It was passed as early as 22.01.2026. Even as per the impugned order, the appointments effected would be subject to the result of the writ petition.

5. We find no illegality in the order. The writ appeal is dismissed. All contentions of the appellant/ petitioner are left open.

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