The Kerala High Court held that a writ appeal is not maintainable under Section 5(i) of the Kerala High Court Act if the writ petitioner has already obtained interim relief from a Single Judge.
The case involved a dental college principal challenging a three-month stay on the reallocation of BDS students.
The Division Bench, citing precedents like K.S. Das v. State of Kerala and Madhu Limaye v. State of Maharashtra, ruled that the petitioner cannot file a writ appeal against relief granted in their favor.
Instead, any further relief must be sought via an interlocutory application, not via writ appeal.
YashashviBookmark