The single Judge ordered R.Ps.198 and 207 allowed and the previous judgment dated 1.2.2.2007 recalled solely because one petitioner in a joint review petition could not appear on the original hearing date, without examining merits.
Both Review Petitions allowed; Judgment dated 1.2.2007 recalled; Writ Petition to be posted for admission on 12.3.2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 6TH MARCH 2007 / 15TH PHALGUNA 1928 RP.No. 198 of 2007(E) --------------------(JUDGMENT IN WPC.2981/2007 Dated 01/02/2007) ....................
REVIEW PETITIONER:
M.A. ALEXANDER, S/O.REV.FR.ALEXANDRIOS, MATTACKAL, VALANJAVATTOM P.O., PATHANAMTHITTA.
BY ADV. SRI.P.HARIDAS
RESPONDENTS:
R3 BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC R1 & R2 BY GOVERNMENT PLEADER SMT.T.B.RAMANI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/03/2007, ALONG WITH RP NO.207 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
R.P.NOS.198 & 207 OF 2007 IN W.P.(C) No.2981 OF 2007
........................................................... DATED THIS THE 6TH MARCH, 2007
O R D E R
Even though I do not find any ground for exercising the review jurisdiction having regard to the contours of that jurisdiction, the submission of Mr.V.Giri, counsel for the petitioner in R.P.No.207 of 2007, that he was not able to enter appearance on the day the Writ Petition was taken up has some appeal. Accordingly without going into the merits of the grounds raised in either of the Review Petitions, both
the Review Petitions will stand allowed and my judgment dated 1.2.2007 will stand recalled.
Post the Writ Petition in the admission list on 12.3.2007.
(PIUS C. KURIAKOSE, JUDGE)
tgl
R.P.198 & 207/07 IN WP(C)2981/07
-2-
1 issue framed by the court
Whether review petitions can be admitted and the impugned judgment recalled despite no substantive grounds for review, due to the petitioner's inability to appear on the original hearing date.
M.A. ALEXANDER
THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA
SUB INSPECTOR OF POLICE, PULIKEEZHU
POLLUTION CONTROL BOARD
KADAPRA PANCHAYATH
PRAMOD V. JOHN
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
