In this review petition, the High Court of Kerala held that since the judgment impugned in the review was only confirming an interim order passed by the Kerala Administrative Tribunal, an application for review under the proviso to Section 114 of the Code of Civil Procedure is not maintainable.
Review petition closed; review application not maintainable.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937
RP.No. 687 of 2015 ()
----------------------------AGAINST THE JUDGMENT IN OP(KAT) NO.4007/2012 DATED 27-01-2015.
REVIEW PETITIONER/PETITIONER IN OP(KAT) :
T.R. SUSHEELA, D/O. RAMANKUTTY, AGED 48 YEARS, SPECIAL VILLAGE OFFICER (UNDER ORDER OF REMOVAL), AMBALAVAYAL VILLAGE OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, RESIDING AT PANACHIYEL, AMBALAVAYAL P.O., SULTHAN BATHERY VIA., WAYANAD, KERALA-673 593.
BY ADVS.SRI.ANEESH JOSEPH, SRI.NIRMAL V NAIR, SRI.RILGIN V.GEORGE.
RESPONDENTS/RESPONDENTS IN OP(KAT) :
1. THE DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KALPETTA, WAYANAD DISTRICT, KERALA-673 121.
2. THE DISTRICT DISABILITY ASSESSMENT BOARD, REPRESENTED BY ITS CHAIRMAN, THE SUPERINTENDENT, DISTRICT HOSPITAL, WAYANAD, MANANTHAVADY, WAYANAD DISTRICT-670 645.
3. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, PUBLIC OFFICES, MUSEUM, THIRUVANANTHAPURAM-695 001.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001.
RP.No. 687 of 2015
5. THE STATE DISABILITY ASSESSMENT BOARD, KERALA, REPRESENTED BY ITS CHAIRMAN, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 033.
BY SR. GOVT. PLEADER SRI.P.I. DAVIS.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
RP.No. 687 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE FINAL ORDER DATED 22/07/2014 IN T.A.6446/2012 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH.
ANNEXURE A2 COPY OF THE JUDGMENT DATED 10/07/2015 IN OP(KAT) NO.230/2015 ON THE FILE OF THIS HONOURABLE COURT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
================
R.P.No.687 of 2015
in
OP(KAT) No.4007 of 2012 ==================
Dated this, the 8th day of October, 2015
O R D E R
Shaffique, J.
Review petition is filed seeking to review judgment dated 27/1/2015 in OP(KAT) No.4007/2012. OP was filed challenging an interim order passed by the Kerala Administrative Tribunal. It is stated by the learned counsel that even while OP(KAT) No.4007/2012 was disposed of, final orders had already been passed by the Kerala Administrative Tribunal. However, the same could not be brought to the notice of this Court. On a perusal of the judgment, what we have done was only confirming the interim order passed by the Tribunal. If the final order was already passed and brought to the notice of this Court, apparently we would not have ventured to decide the case. However, as matters stand now, since the order passed was only against an interim order, we do not think that an application for review is maintainable.
R.P.No.687 of 2015 in
OP(KAT) No.4007 of 2012
-:2:-
the judgment passed by us on account of the fact that the same was only against an interim order passed by the Kerala Administrative Tribunal.
Review petition is, therefore, closed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp
8/10/2015
//True Copy//
PS to Judge
1 issue framed by the court
Whether a review petition is maintainable when the challenged judgment was only confirming an interim order of the Administrative Tribunal.
T.R. Susheela
The District Collector, Civil Station, Collectorate, Kalpetta
The District Disability Assessment Board
The Land Revenue Commissioner
State of Kerala
The State Disability Assessment Board, Kerala
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
