Review petition allowed recalling the original judgment due to incorrect factual assumption regarding prior water connection. Petitioner was granted connection based on error of fact in the impugned order.
Recalling the judgment in the underlying writ petition; review petition allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
FRIDAY, THE 14TH SEPTEMBER 2007 / 23RD BHADRA 1929
RP.No. 872 of 2007(D)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.32794/2006 Dated 08/12/2006
REVIEW PETITIONER/1ST RESPONDENT IN WPC
ASSISTANT EXECUTIVE ENGINEER, PARAVOOR SUB-DIVISION, KERALA WATER AUTHORITY, NORTH PARAVOOR.
BY ADV. SRI.M.DINESH
RESPONDENTS: PETITIONER & 2ND RESPONDENT IN WPC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR, J.
.................................................................... R.P. No.872 of 2007 in
W.P.(C) No.32794 of 2006
Dated this the 14th day of September, 2007.
JUDGMENT
This review petition is filed stating that facts assumed by this court while disposing of the W.P. are incorrect in as much as connection was given before the judgment in the building in which petitioner applied for water connection first. Obviously this court directed connection to be given to the petitioner only on the assumption that no connection was given based
on the original application and it was a case of request for transfer of application for connection to the new premises acquired by petitioner. In fact Contempt Case was also dismissed on the same ground on which this review is filed. In the circumstances, R.P. is allowed recalling the judgment.
C.N.RAMACHANDRAN NAIR Judge
pms
1 issue framed by the court
Whether the review petition should be allowed given that the original judgment assumed facts incorrectly regarding the prior water connection granted to the petitioner for the original building.
Assistant Executive Engineer, Paravoor Sub-Division, Kerala Water Authority, North Paravoor
Natesan, S/O. Phalgunan
Secretary, Nayarambalam Panchayat, Nayarambalam P.O.
C.N.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
