Single Judge dismissed a review petition challenging a writ appeal judgment that granted leave surrender benefits, holding that the claim for damages was raised for the first time in the review and never formed part of the original contention.
Review petition dismissed; no claim for damages allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938
RP.No. 763 of 2016
WA 530/2015 DATED 29.10.2015 --------------
REVIEW PETITIONER/APPELLANT IN WRIT APPEAL:
ISSAC C.V, AGED 67 YEARS, S/O LATE VARGHESE, CHANDANAPARAMBIL HOUSE, KOONAMMAVU P.O, KOTTUVALLY VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT-683518 CHIEF MANAGER (RETIRED) KERALA STATE FINANCIAL ENTERPRISES LIMITED, (LOAN UNIT ERNAKULAM)
BY ADV. SRI.C.S.AJITH PRAKASH
RESPONDENT(S)/RESPONDNETS IN WRIT APPEAL:
1. KERALA STATE FINANCIAL ENTERPRISES LTD BHADRATHA, THRISSUR, PIN:680 020, REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD, BHADRATHA, THRISSUR, PIN:680 020.
BY SRI.M.GOPIKRISHNAN NAMBIAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 2-11-2016, THE COURT ON 15-11-2016, PASSED THE FOLLOWING:
K.V.
P.V.ASHA & ANU SIVARAMAN, JJ.
R.P.No. 763 of 2016 in W.A.No. 530 of 2015
Dated this the 15th November, 2016
O R D E R
Anu Sivaraman, J .
The above review petition is filed by the appellant/writ petitioner seeking to modify the judgment in the writ appeal to the extent it disentitles him from seeking ancillary relief for damages in an appropriate forum. The review is filed on the ground that the review petitioner's retirement was in 2007 and though relief is granted in the year 2015, the petitioner is entitled to claim damages and compensation.
RP.763/16 2
by deleting the said condition from the judgment of the learned single Judge. Since the prayer for damages did not form part of the writ petition, such question was not considered either in the writ petition or in the writ appeal.
In the above view of the matter, we are of the opinion that the review petition as presently filed, is devoid of merits. No claim of the petitioner for damages finds a place in the judgment in the writ appeal, since such a question was never raised either before the Division Bench or before the learned single Judge. The review petition therefore fails.
In the result, the review petition is dismissed.
ANU SIVARAMAN, JUDGE
vgs
1 issue framed by the court
Whether a review petition can be sustained to claim ancillary relief for damages that was never part of the earlier writ petition or appeal.
Issac C.V
Kerala State Financial Enterprises Ltd
P.V. Asha
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
