The High Court of Kerala dismissed a review petition challenging a judgment. The petitioner urged that the court should have reserved the State's civil suit remedy in the original judgment. The court held there was no ground for review.
Review petition dismissed. No costs awarded.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
RP.No. 170 of 2016 (C) IN WP(C).16030/2010
AGAINST THE JUDGMENT IN WP(C) 16030/2010 of HIGH COURT OF KERALA DATED 07.09.2015
REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN WPC:
1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM, THIRUVANANTHAPURAM-695001.
3. THE ASSISTANT EDUCATIONAL OFFICER MANNARKKAD, PALAKKAD DISTRICT-678582.
BY SR. GOVERNMENT PLEADER SMT M.J. RAJASREE
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN WPC:
1. SICILIAMMA JOSEPH W/O. THOMAS RAJAN, HEADMISTRESS, NARAYANA VIDYALAYAM AU.PS. SCHOOL, THENKARA (RE NAMED AS UNITY AUP SCHOOL) MANNARKKAD, PALAKKAD DISTRICT-678582.
2. THE MANAGER NARAYANA VIDYALAYAM AUPS SCHOOL, THENKARA, MANNARKKAD PALAKKAD DISTRICT-678582.
R1 BY SRI.V.A.MUHAMMED
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
K. VINOD CHANDRAN, J.
Review Petition No. 170 of 2016 (C) in W.P.(C) No. 16030 of 2010
Dated this the 16th day of March, 2016
O R D E R
The review has been filed from the judgment on the ground that the State has a remedy of a civil suit against the petitioner and that such remedy ought to have been reserved in the judgment.
Review Petition No. 170 of 2016 (C) in W.P.(C) No. 16030 of 2010
-2-
In the circumstances noticed above, this Court is of
the opinion that there is no ground for review. The review petition would stand dismissed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 18/3/16
1 issue framed by the court
Whether the existence of a civil suit remedy available under the State's Service Rules or general law constitutes ground for review of the judgment.
STATE OF KERALA
SICILIAMMA JOSEPH
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
