The High Court of Kerala dismissed a review petition filed challenging an order in which the writ petition was dismissed as withdrawn after correcting survey number mistakes and recalling the previous judgment suo motu.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933
RP.No. 419 of 2011(C)
--------------------- (AGAINST THE JUDGEMENT IN WPC.4430/2011 Dated 21/03/2011)
REVIEW PETITIONER/3RD RESPONDENT
PUTHUKKUDI NARAYANAN, AGED 91 YEARS, S/O.GOVINDAN, ODATHIL HOUSE, ANJARAKKANDI AMSOM, KAMETH DESOM, ODATHILPEEDIKA, P.O.MAMBA, KANNUR DISTRICT.
BY ADV. SRI.V.BINOY RAM
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2::
BY GOVERNMENT PLEADER ADV. SMT. RAJASREE.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 419 of 2011(C)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE 1 : TRUE COPY OF THE PURCHASE CERTIFICATE IN FAVOUR OF THE 3RD RESPONDNET AS PER O.A. 8288/1976.
ANNEXURE 2 : TRUE COPY OF THE PLAINT IN O.S. 515/2011 ON THE FILE OF SUB COURT, THALASSERY.
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON, J.
R.P.No. 419 OF 2011 IN W.P.(C) 4430 OF 2011
Dated this the 28th June , 2011
O R D E R
The review petition has been filed challenging the judgment dated 21.03.2011 passed by this court in W.P.(C) No.4430 OF 2011, whereby the writ petition was disposed of at the admission stage, directing the first respondent to consider Ext.P3 and pass appropriate orders with notice to all concerned, in accordance with law, as expeditiously as possible at any rate within three months from the date of receipt of a copy of the judgment.
However, after passing the said verdict, the matter was again brought up at the instance of the writ petitioner before this Court on 08.06.2011, stating that there occurred some mistakes in the survey number; which in turn happened to be incorporated in the judgment dated 21.03.2011, simultaneously seeking for effecting necessary corrections, as the Taluk Surveyor was not inclined to give effect to the verdict referring to the wrong survey number. Since the mistake on the part of the petitioner was
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R.P.No. 419 OF 2011
conceded and the pleadings as originally stood in the writ petition remained in tact, the learned counsel for the petitioner sought for permission to withdraw the writ petition without prejudice to the right of the petitioner to file a proper writ petition. It was in the said circumstance that the judgment dated 21.03.2011 was recalled 'suo motu' and the writ petition was heard afresh. Permission was granted to withdraw the writ petition with liberty as aforesaid and the writ petition was 'dismissed as withdrawn', as per the judgment dated 08.06.2011.
In the said circumstance, nothing further remains to be considered or reviewed. The idea and understanding of the petitioner is quite wrong and misconceived. The R.P. is dismissed accordingly.
P.R. RAMACHANDRA MENON, JUDGE.
lk
1 issue framed by the court
Whether to admit and decide a review petition challenging the order dismissing the writ petition in favour of the petitioner.
Puthukkudi Narayanan
Pattathari Kutthiraman
The Taluk Surveyor, Kannur
Village Officer, Anjarakkandy
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
