Saji Kumar v. Mary
Case brief
What is this about?
Court allowed review petition in second appeal regarding demolition order. Review ordered to permit fresh argument on validity of government regularization orders and authority competence previously overlooked.
What did the court decide?
Judgment and decree dated 16.01.2012 in RSA No. 889 of 2004 is reviewed and the case is reopened for hearing before an appropriate Bench.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935
RP.No. 630 of 2013 () IN RSA.889/2004 ---------------------------------------
ORDER/JUDGMENT IN RSA 889/2004 of HIGH COURT OF KERALA DATED 16-012012
REVIEW PETITIONER(S)/APPELLANTS/APPELLANTS/DEFENDANTS 1 AND 4: --------------------------------------------------------------
1. MR.SAJI KUMAR, PROPRIETOR, PRADEEP DRIVING SCHOOL NEAR RAMESWARAM TEMPLE, KARUVELIPADY, KOCHI-0682005.
2. MRS.JOLLY BHASKER, XVI/261-F, KAZHUTHUMUTTU, KOCHI-682005.
BY ADVS.SRI.T.A.SHAJI (SR.) SRI.M.A.ASIF
RESPONDENT(S)/RESPONDENTS/RESPONDENTS/PLAINTIFF/DEFENDANTS 2 AND 3: -------------------------------------------------------
Issues for consideration
3 issues framed by the court
Whether there are sufficient grounds to allow a review petition in a second appeal concerning demolition of unauthorized construction due to non-apparent consideration of特定 government orders.
Whether the District Collector had competence to authorize the building authority to regularize construction in violation of the Act.
Whether the judgment was affected by non-consideration of relevant documents filed for the first time.
Parties & counsel
- petitioner
Saji Kumar
- petitioner
Jolly Bhasker
- respondent
Mary
- respondent
Corporation of Kochi
- respondent
Asst. Executive Engineer, Corporation of Kochi
Case details
As recorded by the court registry
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