A two-judge bench dismissed a review petition filed against a writ judgment, holding that since the impugned order did not decide the case on merits, the review must be filed before the learned Single Judge who originally disposed of the writ.
Review petition dismissed; petitioner directed to file review before the learned Single Judge.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932
RP.No. 17 of 2011() ------------------AGAINST THE JUDGEMENT/ORDER IN WA.1259/2010 Dated 17/09/2010
REVIEW PETITIONER(S): / APPELLANT
ANJU VIJAYAN, D/O.SHRI. VIJAYAKUMARAN, ASWATHY, HOUSE NO.10,VIKAS NAGAR, THIRUMULLAVARAM P.O.,KOLLAM
BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN
RESPONDENT(S): / RESPONDENTS IN W.A.
THAZATHETHIL HOUSE VENMANI P.O.,ALAPPUZHA
MR.K.R.B.KAIMAL, FOR R1 & R2 MR.B.UNNIKRISHNA KAIMAL FOR R1 & R2 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ.
R.P.No.17 of 2011
in WA No.1259 of 2010
Dated, this the 8th day of February, 2011
O R D E R
Ramachandran Nair, J.
This Review Petition is filed based on the order of the Supreme Court in the SLP filed by the review petitioner against our judgment. It is seen that this Court has not decided the case on merits, but only followed an earlier judgment, which is what was done by the learned Single Judge while disposing of the Writ Petition. So much so, if the petitioner wants to canvass the decision on merits, the same has to be argued before the learned Single Judge. We, therefore, feel that review petition has to be filed before the learned Single Judge based on the order of the Supreme Court.
Consequently, we dismiss this Review Petition.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
jg
2 issues framed by the court
Whether a review petition based on a Supreme Court order, without a merits decision by the High Court, should be decided by the Full Court or the Single Judge.
Whether the review petitioner may canvass merits before the learned Single Judge if the current Full Court dismisses the petition.
Anju Vijayan
High Court of Kerala, Rep. By Its Registrar General
Registrar, Subordinate Judiciary High Court of Kerala
State of Kerala, Rep. By Home Secretary
Mukhammed Raeez
Linjumul Sherif
C.N.Ramachandran Nair
K.Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
