This review petition clarified that the impugned judgment's direction for order implementation does not prejudice applicants seeking relief in a separate pending writ petition, provided they implead the petitioner from the earlier order.
Disposal of review petition with clarification that the order does not prejudice relief in pending W.P(C).30306/12.
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
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
RP.No. 11 of 2013 () IN WP(C).9661/2012
AGAINST THE JUDGMENT IN WP(C).9661/2012 of HIGH COURT OF KERALA DATED 26-07-2012
REVIEW PETITIONER(S)/RESPONDENTS 2-4 IN WPC :
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1. MRS. MAYBLE JOSE, W/O LATE VIJAYAN, KATTUNILATH HOUSE, IIND FLOOR YASORAM VICTORIA, TOWERS, KACHERIPADI ERNAKULAM NORTH P.O, 682018
2. SUBY BROWN, AGED 36 YEARS W/O RONY JOHN, KATTUNILATH HOUSE, IIND FLOOR YASORAM VICTORIA TOWERS, KACHERIPADI ERNAKULAM NORTH P.O, 682018
3. ROSHNY.J. JOHN, AGED 39 YEARS, S/O JOHN THOMAS, KATTUNILATH HOUSE, IIND FLOOR YASORAM VICTORIA, TOWERS, KACHERIPADI ERNAKULAM NORTH P.O, 682018
BY ADV. SRI.JOHNSON MANAYANI
RESPONDENT(S)/PETITIONER AND RESPONDENT NO. 1 IN THE WPC :
1. MATHEW FRANCIS ALAPPATT S/O A.J. FRANCIS, F13 EMGEE INTERNATIONAL EXPRESS ESTATE KALOOR- KADAVANTHRA ROAD, KALOOR P.O, 682017
2. CORPORATION OF KOCHI,
R1 BY SRI.N.M.MOHAMMED AYUB R2 BY SRI.S.CHANDRASENAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
RP.No. 11 of 2013 ()
APPENDIX
PETITIOENR'S ANNEXURES :
ANNEXURE A1: COPY OF THE JUDGMENT IN WPC 8679/2012 DT 264/2012 ANNEXURE A2: COPY OF THE ORDER IN APPEAL NO. 394/2012 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
ANTONY DOMINIC, J.
R.P.No.11 of 2013
in W.P(C).No.9661 of 2012
------------------------------------------Dated this the 18th day of February, 2013
O R D E R
RP.11/13
2
dismissed the said appeal. Thereafter, challenging Ext.P4, the petitioners say that they have filed W.P(C).30306/12 which is pending consideration of this Court. According to the petitioners, when they sought stay of further proceedings pursuant to Ext.P4, that was objected to relying on the judgment in review, where Ext.P4 was ordered to be implemented. It is thereupon, this review petition has been filed.
RP.11/13
3
Therefore, I dispose of this review petition, clarifying that the direction in the judgment shall not be put to the prejudice of the petitioners in seeking reliefs in W.P(C).30306/12, which shall be subject to the condition that they shall implead the writ petitioner in W.P(C).9661/12 also as a party to the writ petition mentioned above. It is clarified that this order will not, in any manner, enable the review petitioners to do anything in violation of Ext.P4.
Sd/-
ANTONY DOMINIC Judge kkb.19/2.
2 issues framed by the court
Whether the direction for implementation of an order grants relief that violates pending proceedings in the Tribunal.
Whether the writ petitioner being a non-party to the Tribunal appeal prevents prejudice in a subsequent review.
MRS. MAYBLE JOSE
SUBY BROWN
ROSHNY.J. JOHN
CORPORATION OF KOCHI
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
