The Court dismissed a review petition filed by a transport contractor challenging an order in the main writ petition. The judge noted that protection was previously directed and, upon hearing counsel, found no case for review as sufficient spiral output was available to commence transportation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938
RP.No. 946 of 2016 (P) IN WP(C).33744/2016
AGAINST THE JUDGMENT IN WP(C) 33744/2016 of HIGH COURT OF KERALA DATED 21.10.2016
REVIEW PETITIONER(S):
M/S.CHALAYYAM TRAVELS AND TRANSPORTS
S.V. MARKET P.O., KARUNAGAPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING, DIRECTOR, ABDUL KALAM, S/O. HAMEED KUNJU,AGED 62 YEARS, 'CHALAYYAM DALE' S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SRI.P.T.ABHILASH
RESPONDENT(S):
1. GOVERNMENT OF INDIA MINISTRY OF ATOMIC ENERGY, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY,
2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. INDIAN RARE EARTHS LTD., CHAVARA, KOLLAM DISTRICT, PIN-691 583, REPRESENTED BY ITS GENERAL MANAGER.
4. THE DEPUTY GENERAL MANAGER (COMMERCIAL), INDIAN RARE EARTHS LTD, CHAVARA, KOLLAM DISTRICT, PIN-691 583.
5. THE HEAD OF THE DEPARTMENT (HOD), MINING, INDIAN RARE EARTHS, LTD., CHAVARA, KOLLAM DISTRICT, PIN-691 583.
6. THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN- 688 001.
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RP.No. 946 of 2016 (P) IN WP(C).33744/2016
7. THE CIRCLE INSPECTOR OF POLICE, AMBALAPUZHA, ALAPUZHA DISTRICT, PIN- 688 561.
BY SRI.JAGADEESH LAKSHMAN, CGC BY SRI.M.GOPIKRISHNAN NAMBIAR BY SR.GOVERNMENT PLEADER SMT.K.T.DEEPA
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
dlk
SHAJI P. CHALY, J.
R.P. No.946 of 2016
Dated this the 9th day of November, 2016
ORDER
This review petition is filed against the judgment of this Court dated 21.10.2016. The grounds shown in the review petition is that, even though the petitioner has a case that, petitioner is bound to carry out the contract only if sufficient spiral output is made available by the respondents, it was not considered by this Court in the writ petition.
the sole contention advanced by the counsel for the petitioner was that, due to the blockade created by the public, the contract could not be carried out. Taking note of the said submission, 7th respondent was directed to provide necessary protection to the contractor and if required by using additional force after securing necessary orders from the superior authority.
R.P. No.946 of 2016
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submitted that, sufficient spiral output is also available. According to the learned counsel, as on today 300 tons is available at site and a further 500 ton will be made available immediately, once they commence the transporting. Taking note of the respective submissions made across the Bar I do not think that petitioner has made out any case for review.
Therefore, the review petition is dismissed, however, recording the submissions of the counsel for the petitioner that the petitioner will commence the transportation today itself.
Sd/-
SHAJI P. CHALY,JUDGE
//True Copy// P.A.To Judge
dlk/9/11/
3 issues framed by the court
Whether sufficient cause was made out for a review of the judgment in the writ petition regarding the impossibility of carrying out the contract due to blockade.
Whether sufficient spiral output was available to commence transportation under the contract.
Whether the petitioner should be granted a review of the order directing the respondent to provide protection.
Colour shows how this judgement treated each authority
WP(C).33744/2016Referred¶29
M/s. Chalayyam Travels and Transports
Government of India Ministry of Atomic Energy
Government of Kerala
Indian Rare Earths Ltd.
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
