This review petition sought the recall of an interim order passed in a writ petition filed by the petitioner. The High Court held that the original order was not in force at the time the interim order was issued due to a subsequent tribunal order, and accordingly recalled the interim order.
Interim order dated 13.05.2011 (Annexure A14) is recalled.
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 C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933
RP.No. 567 of 2011(A) ------------------------------AGAINST THE JUDGMENT/ORDER IN WPC.13205/2011 DATED13/05/2011
PETITIONER/1ST RESPONDENT:
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ANIL KUMAR, S/O.LATE KARTHIKEYAN PECHUVILAKOM, KOLATHUKARA, KULATHOOR P.O., THIRUVANANTHAPURAM, PROPRIETOR, LAKSHMI ENGINEERING WORKS, KULATHOOR, KULATHOOR P.O., THIRUVANANTHAPURAM- 695 583.
BY ADV. SRI.R.S.KALKURA
RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4:
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1. S. RAJAN, ARUN NIVAS (TRS), KULATHOOR P.O., THIRUVANANTHAPURAM-695 583.
2. CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE BUILDING, THIRUVANANTHAPURAM- 695 001. REPRESENTED BY ITS SECRETARY.
3. SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE BUILDING, THIRUVANANTHAPURAM- 695 001.
4. SUB INSPECTOR OF POLICE THUMBA POLICE STATION THIRUVANANTHAPURAM- 695 024.
R1 BY ADV. MR.M.P. MADHAVANKUTTY. R2 & R3 BY ADV. MR.P.K. MANOJ KUMAR, SC. R4 BY GOVT. PLEADER MR.BIJOY CHANDRAN.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RP.No. 567 of 2011(A)
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE-A1: COPY OF THE DEED NO.6 OF 2008.
ANNEXURE-A2: COPY OF THE TAX RECEIPT BEARING NO.0068048 DATED 06/08/2008 ISSUED BY THE VILLAGE OFFICER, ATTIPRA.
ANNEXURE-A3: COPY OF THE TAX RECEIPT BEARING NO.0068072 DATED 10/08/2009 ISSUED BY THE VILLAGE OFFICER, ATTIPRA.
ANNEXURE-A4: COPY OF THE TAX RECEIPT BEARING NO.0068047 DATED 06/08/2009 ISSUED BY THE VILLAGE OFFICER, ATTIPRA.
ANNEXURE-A5: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE DIRECTORATE OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA BEARING NO.09/10/06148/PMT/SSI.
ANNEXURE-A6: COPY OF THE DEATH CERTIFICATE OF C.KARTHIKEYAN.
ANNEXURE-A7: COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD NO.PCB/TVM-DO/ICO ENW/900/2010 TO M/S.LAKSHMI ENGINEERING WORKS.
ANNEXURE-A8: COPY OF THE ORDER DATED 19/11/2010 ISSUED BY THE OMBUDSMAN IN COMPLAINT NO.631 OF 2010.
ANNEXURE-A9: COPY OF THE NOTICE DATED 08/12/2010 ISSUED BY THE TRIVANDRUM CORPORATION TO SRI.ANIL KUMAR.
ANNEXURE-A10: COPY OF THE PLAINT IN O.S.1694 OF 2010 ON THE FILE OF THE 3RD ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM.
ANNEXURE-A11: COPY OF THE ORDER IN I.A.8938 OF 2010 IN O.S.1694 OF 2010.
ANNEXURE-A12: COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.1694 OF 2010 OF MUNISFF'S COURT, TRIVANDRUM.
ANNEXURE-A13: COPY OF THE ORDER IN I.A.8938 OF 2010 DATED 14/12/2010 OF THE IIIRD ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM.
ANNEXURE-A14: COPY OF THE ORDER IN WP(C) NO. 13205 OF 2011 DATED 13/05/2011.
RESPONDENTS ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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C.K.ABDUL REHIM,J.
RP.567/2011 in WP(C).NO. 13205 of 2011 --------------------------------Dated this the 18th day of August, 2011
ORDER
It is contended that at the time when the writ petition was filed Ext.P1 order was not in force. The review petitioner points out that, subsequent to Ext.P1, the Tribunal for Local Self Government Institutions had issued another order, Annexure A8 on 19.11.2010 . The writ petitioner had in fact challenged the said order in another writ petition filed before this court. This court had declined to issue any interim order in that writ petition, WP(C).No.9435/11. It is also stated that, challenging Annexure-A8 order the petitioner had also filed a civil suit before the Munsiff Court,Thiruvananthapuram, as OS.No.1694/10 and the injunction application filed in that suit now stands dismissed.
The Review Petition is allowed to the above extent.
C.K.ABDUL REHIM,JUDGE
pmn/
WP(C) 2
2 issues framed by the court
Whether an interim order passed in a writ petition remains in force after a subsequent tribunal order is issued and challenged in a separate writ petition and civil suit.
Whether the Review Petitioner was entitled to have the interim order recalled in view of the subsequent events.
Anil Kumar
S. Rajan
Corporation of Thiruvanathapuram
Sub Inspector of Police Thumba
C. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
