State of Kerala v. C.K.Johny
Case brief
What is this about?
In a review petition filed against an original writ petition, the High Court deleted the erroneous statement in the earlier judgment that no counter affidavit was filed, given that one was averred in the record.
What did the court decide?
Deletion of the sentence 'There is no counter affidavit in the matter' from the judgment dated 17/10/2003 in O.P. No. 918/1996.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932
RP.No. 876 of 2004(H)
--------------------AGAINST THE JUDGEMENT/ORDER IN OP.918/1996 Dated 17/10/2003
REVIEW PETITIONER(S): / RESPONDENTS 1 TO 4
- STATE OF KERALA, REP. BY COMMISSIONER AND SECRETARY, HEALTH AND F.W.
- (F) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
- DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM.
- DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether the statement of absence of a counter affidavit in the original judgment, despite its actual filing, is erroneous and requires deletion.
Whether the review petition is maintainable to correct the factual error regarding the filing of a counter affidavit.
Parties & counsel
- respondent
State of Kerala
- respondent
Director of Health Service, Thiruvananthapuram
- respondent
District Medical Officer (Health), Ernakulam
- respondent
Senior Biolist, N.F.C.P. Unit, Ernakulam
- petitioner
C.K. Johny
Case details
As recorded by the court registry
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