The Court dismissed an application for review of a previous judgment concluding that specific grounds cited regarding the authority to reject a license application did not affect the original decision.
Review Petition dismissed.
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
FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937
RP.No. 234 of 2016 IN WA.78/2016
AGAINST THE ORDER/JUDGMENT IN WA 78/2016 DATED
REVIEW PETITIONERS/APPELLANTS :
BY ADV. SRI.GEORGEKUTTY MATHEW
RESPONDENTS/PETITIONER AND R1 :
R1 BY SRI.BIBIN KUMAR R2 BY SRI.PHILIP T.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
O R D E R
Shaffique, J.
This Review Petition is filed inter alia contending that some specific issues could not be brought to the notice of this Court. It is stated that by virtue of Section 166 of the Kerala Panchayat Raj Act, the Panchayat has exclusive authority to reject the application for license. In fact, we have considered the entire issue based on Section 233 of the Panchayat Raj Act read with Section 232 by which specific direction has been issued to grant license to the petitioner.
Having regard to the fact that such consideration has been made, we do not think that Section 166(2) of the Kerala Panchayat Raj Act will make any difference to the decision taken by us in the matter. Hence we do not see any ground to review the judgment. The Review Petition is dismissed.
Sd/- Ashok Bhushan, Chief Justice.
Sd/-
A.M. Shaffique, Judge.
ttb/18/03
2 issues framed by the court
Whether the omission to place specific issues before the Court during the original order warrants a review under Section 166 of the Kerala Panchayat Raj Act.
Whether the reliance by the original court on Section 233 read with Section 232 of the Panchayat Raj Act precludes the application of Section 166.
3 provisions across 1 enactments
K.N. Thankappan
Saraswathiamma K.
C.N. Prabhakaran
St. Basil Industries India (P) Ltd.
Ramapuram Grama Panchayath
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
