High Court at Ernakulam disposed of a review petition seeking extension of relief from a 2008 writ judgment. The Court conditioned relief on respondents verifying the existence of the building involved.
Conditioned extension of original writ relief pending respondent verification of building existence.
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
THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932
RP.No. 453 of 2010(F)
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.21687/2006 Dated 11/06/2008
REVIEW PETITIONER(S): PETITIONER 1 & 2
BY ADV. SRI.SAJU.S.A
SRI.JAMSHEED HAFIZ
RESPONDENT(S): RESPONDENTS
SR. GOVT. PLEADER SRI. V.T.K. MOHANAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
RP. No. 453 of 2010 in WP(C) No. 21687 of 2006
Dated this the 8th day of July, 2010
O R D E R
Sri.V.T.K.Mohanan, learned senior Govt. Pleader
submits that he has not been able to get any instructions from the District Collector even on the question as to whether the building which was subject matter of the writ petition survives. Sri.Mohanan submitted that if the building actually survives there may not be much serious objection in the affidavit filed out of time being received. The learned counsel for the review petitioner asserted before me that the building is in existence in the same condition as it existed on 11-6-2008. The concerned respondent will verify and ensure that the above submission is correct. If the above submission is found to be correct, the relief given to the petitioners by the judgment dated 11-6-2008 should be extended to them. RP is disposed of as above.
(PIUS C.KURIAKOSE, JUDGE)
ksv/-
1 issue framed by the court
Whether to extend the relief granted in the connected writ petition subject to verification by respondents.
PETITIONER 1 & 2
DISTRICT COLLECTOR MALAPPURAM
SPECIAL TAHSILDAR LA GENERAL TIRUR
EXECUTIVE ENGINEER KSTP PWD MALAPPURAM
MOHAMMED AYUB
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
