In three review petitions, the Court allowed them due to lack of opportunity for review petitioners to argue the matter on merits held below and recalled the common judgment for fresh hearing.
Review petitions allowed; common judgment dated 26/2/2015 recalled for hearing before the appropriate court.
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 A.M.SHAFFIQUE
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
RP.No. 464 of 2015 --------------------
OP 3414/2003 DATED 26-02-2015 ------------
REVIEW PETITIONER(S)/RESPONDENTS 1 AND 2:
1. THE KERALA STATE CO OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD.
2. THE GENERAL MANAGER,
(MATSYAFED) KURAVANCONAM, TRIVANDRUM.
BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
RESPONDENT(S)/PETITIONER AND 1ST RESPONDENT:
1. P.D. RAPHAEL, ICE MAN, MATSYAFED DISTRICT OFFICE, TRICHUR 680 001.
2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695 001.
R1 BY SMT.K.S.SANTHI
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18-11-2016, ALONG WITH RP. 465/2015, RP. 466/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
A.M. SHAFFIQUE, J.
=============== R.P.Nos.464/2015 in OP No.3414/2003, 465/2015 in WP(C) No.4998/2004 & 466/2015 in OP No.2944/2003 ========================
Dated this, the 18th day of November, 2016
O R D E R
These review petitions are filed by the respondents in the original petitions/writ petition seeking to review the common judgment. It is pointed out that the review petitioners did not get an opportunity for arguing the matter though the matter was heard and decided on merits. It is submitted that earlier standing counsel appearing in the matter had changed. Therefore, arrangements could not be made for engaging another standing counsel which resulted in the cases being decided without the assistance of respondents.
R.P.Nos.464/15 in OP No.3414/03, 465/15 in WP(C) No.4998/2004 & 466/2015 in OP No.2944/2003
-:2:-
common judgment dated 26/2/2015 in the above cases are recalled.
Post the original petitions/writ petition for hearing before appropriate court.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp18/11/2016
//True Copy//
P.S to Judge
2 issues framed by the court
Whether review petitioners deserve an opportunity for hearing when they were not present at the hearing of the original matter on merits.
Whether the common judgment of the original cases should be recalled to permit a fresh hearing.
THE KERALA STATE CO OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. MATSYAFED KURAVANCONAM TRIVANDRUM
THE GENERAL MANAGER THE KERALA STATE CO OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD MATSYAFED KURAVANCONAM TRIVANDRUM
P.D. RAPHAEL
STATE OF KERALA
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
