Review Petition by State allowed to recall prior Writ Petition judgment directing payment due to a subsequent correction in the underlying Sub Court decree eliminating liability. Writ Petition dismissed, leaving parties to pursue other remedies if aggrieved.
Writ Petition judgment dated 28-02-2011 recalled; Writ Petition dismissed.
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 P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933
RP.No. 423 of 2011(L)
-------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.36512/2010 Dated 28/02/2011
REVIEW PETITIONER(S): 3RD RESPONDENT IN WP
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SPECIAL TAHSILDAR (A) NATIONAL HIGHWAY, COLLECTORATE, KOLLAM.
BY GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU.T.K.
RESPONDENT(S): PETITIONER IN THE WRIT PETITION
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ANTONY BEN, SON OF VARGHESE ANTONY, PARANKIMAMVILA VEEDU, MANGAD VILLAGE, MANGAD CHERRY, KOLLAM DISTRICT.
BY ADV.SRI.JOHNSON GOMEZ
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.R.RAMACHANDRA MENON, J
R.P No.423 OF 2011 IN W.P.(C) NO.36512 OF 2010
Dated this the 23rd day of June 2011
ORDER
This Review Petition has been filed at the instance of the State, referring to subsequent turn of events after the Award passed by the Lok Adalath, which was sought to be executed by giving appropriate directions to the respondents in the Writ Petition, to have released the amount due to the Writ Petitioner.
R.P No. 423/2011
P.R.RAMACHANDRA MENON, JUDGE
vdv
2 issues framed by the court
Whether the Review Petition by the State should be allowed given subsequent substantive changes in the underlying monetary liability.
Whether to recall the Writ Petition judgment that directed payment when the underlying decree was corrected to show no liability exists.
Special Tahsildar (A) National Highway, Collectorate, Kollam
Antony Ben
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
