(DELIVERED BY THE HON'BLE ACTING CHIEF JUSTICE) These appeals are preferred against the order passed by the learned single Judge whereby the prayer of the appellant for an interim order was rejected.
2. Heard the learned counsel appearing for the appellant, the learned Addl. Government Pleader appearing for respondents 1 to 3 and the learned counsel appearing for respondents 4 and 5.
3. A perusal of the prayer in the main writ petition and the interim application discloses that both the prayers are one and the same and, therefore, any interim relief granted in the interim application would almost amount to allowing the main petition itself without testing the merits of the issue. Therefore, the prayer for interim relief was rightly rejected by the learned single Judge.
4. A Division Bench of this Court in R.Kannan Vs Indcem Electronics Ltd. has held that no intra court appeal is maintainable against an interim order as any order passed in an interim application cannot be termed as a judgment within the meaning of Clause 15 of the Letters Patent. The ratio laid down in the abovesaid decision is squarely attracted to the present case on hand.
5. In that view of the matter, without going into the issue any further, we relegate the appellant herein to pursue his remedy before the learned single Judge in the main petition. The parties shall pursue the main writ petition, which shall be listed before the learned single Judge on 06.04.2017, on which date the parties shall proceed further in the matter before the learned single Judge.
6. These writ appeals are disposed of with the aforesaid observations and directions. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs.