Allowed

Antony P.A. v. Varghese

Kerala HC9 Aug 2012RP/734/2012

Case brief

AI extract

What is this about?

Justice Antony Dominic allowed Review Petition R.P. 734 of 2012, recalling a judgment dated 24.7.2012 that had disposed of a writ petition without hearing the petitioner. The court found the prior order vitiated due to the petitioner's inadvertent absence and a failure to consider a concurrently pending related writ petition challenging the same tribunal order.

What did the court decide?

The judgment dated 24.7.2012 in W.P.(C). 13918/2012 is recalled and the Review Petition is allowed. The writ petitions are to be posted for hearing.

Antony P.A. Vs Varghese — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934

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RP.No. 734 of 2012 IN WPC/13918/2012

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AGAINST THE JUDGMENT IN WPC.13918/2012 DATED 24-07-2012

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REVIEW PETITIONER(S)/REVIEW PETITIONER/3RD RESPONDENT :

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ANTONY P.A.

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S/O. AUGUSTINE, PANACKAL HOUSE, HMC JUNCTION SOUTH CHITTOOR, ERNAKULAM DISTRICT-682 027.

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BY ADVS.SRI.ALEX.M.SCARIA

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SRI.SAJEEVAN KURUKKUTTIYULLATHIL

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RESPONDENT(S):

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VARGHESE S/O. CHACKO, HMC JUNCTION, SOUTH CHITTOOR ERNAKULAM DISTRICT-682 027.

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STATE OF KERALA REPRESENTED BY ITS SECRETARY

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LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

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SECRETARY CHERANALLUR GRAMA PANCHAYATH ERNAKULAM DISTRICT-682 027.

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BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI BY SRI.S.SHANAVAS KHAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09-082012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.734/12

APPENDIX

ANNEXURES

A1CERTIFIED COPY OF THE JUDGMENT DATED 24.7.12 IN W.P.C.13918 OF 2012

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/true copy/ PA To Judge

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ANTONY DOMINIC, J

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........................................ R.P.734/2012 in W.P.(C).13918/2012 .............................................. Dated this the 9^th day of August, 2012

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ORDER

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Heard the learned counsel for the review petitioner, learned counsel appearing for the first respondent and also the learned counsel appearing for the third respondent Panchayat.

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2 This application is filed for review of the judgment in W.P.(C).13918/2012. By judgment dated 24.7.2012, the writ petition was disposed of by this Court directing the Secretary of the Panchayat that action in pursuance to Ext.P2 order passed by the Tribunal in Appeal No.804/2010, shall be taken within four weeks from the date of judgment. While issuing such a direction, this Court took note of the fact that despite service of notice, review petitioner did not appear in Court.

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In this Review Petition, it is stated that it was on account of an inadvertent omission that the petitioner happened to be absent when the case was called. Further, it

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R.P.734/12

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is also now disclosed that the review petitioner has filed W.P. (C).4600/2012 challenging Ext.P2 order passed by the Tribunal and the writ petition is pending before this Court.

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If the pendency of W.P.(C).4600/2012 was disclosed before this Court at the time when the writ petition was considered, this Court would have taken note of the submission and would not have disposed of the case in the manner as done in the judgment dated 24.7.2012. Therefore, I am satisfied that the judgment is vitiated on account of the error apparent on the face of it.

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Accordingly, the judgment dated 24.7.2012 in W.P.(C). 13918/2012 is recalled and the Review Petition is allowed.

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W.P.(C).13918/2012 will stand posted along with W.P. (C).4600/2011, after Onam holidays for hearing.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

Antony P.A. v. Varghese

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Antony P.A. v. Varghese

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