Review petition challenging a writ judgment directing drainage construction. Court held allegations of subsequent sewage discharge were alien to the writ scope and did not warrant review, closing the petition.
Review Petition closed; petitioner to work out remedies before other appropriate forum.
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 ANTONY DOMINIC
THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933
RP.No. 747 of 2011(I)
--------------------AGAINST THE JUDGEMENT IN WPC.20083/2011 Dated 31/08/2011
REVIEW PETITIONER(S):
---------------------SHAMMY THILAKAN, S/O THILAKAN PALAPPURAM, JNRA-3, OPP.S.N.WOMEN'S COLLEGE, KOLLAM-01
BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT(S):
GP SRI. MOHAMMED SHAH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.747/11
APPENDIX
ANNEXURES
A7COPY OF THE PRINT OUT OF THE PHOTOGRAPH SHOWING THE WATER FROM THE MALL IS DRAINING TO PUBLIC ROAD
A8COPY OF THE LETTER ISSUED BY THE POLLUTION CONTROL BOARD DATED 22.7.2010
(True copy)
P.A. To Judge
ANTONY DOMINIC, J
....................................................... R.P.747/2011 in W.P.(C).20083/2011
.............................................. Dated this the 20th day of October, 2011
ORDER
The writ petition was disposed of directing completion of the construction of drainage of the Karbala - Jawahar Junction Road. Review of the judgment is sought for on the basis that the respondent is now using the drainage for discharge from the Sewage Treatment Plant in his building. In my view, even if the said allegation is true, such an issue is totally alien to the scope of the writ petition or the judgment and therefore, that will not in any manner render the judgment erroneous warranting exercise of the power of review. Therefore, leaving it open to the petitioner to work out his remedies before other appropriate forum, the Review Petition is closed.
ANTONY DOMINIC, Judge
mrcs
1 issue framed by the court
Whether the allegation that the respondent is now using the drainage for sewage discharge warrants exercise of power of review?
1 provisions across 1 enactments
Shammy Thilakan
S.Sreekumar
The District Collector, Kollam
The Secretary to Government Public Works (G) Department
The Executive Engineer, PWD Roads Division, Kollam
Mohammed Shah
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
