In a writ petition by a peon in the Cochin Devaswom Board, the High Court of Kerala dismissed the petition because the petitioner sought to claim the benefit of a prior judgment that was later found to have been obtained by fraud and suppression of material facts.
Writ petition is dismissed with liberty to seek re-hearing if advised.
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 DEVAN RAMACHANDRAN
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 28930 of 2009 (I)
PETITIONER(S):
A.N.KISHORE KUMAR, S/O.A.R.NARAYANAN, ANATTAMPARAMBIL HOUSE, PULLAZHI VILLAGE, CHETTUPUZHA.P.O,THRISSUR.(MASAPADI,THAYAGHAVU, DEVASWOM), NOW WORKING AS PEON AS WORKING ARRANGEMENT IN COCHIN DEVASWOM BOARD OFFICE, DEVASWOM BUILDING,THRISSUR.
BY ADV. SRI.V.BINOY RAM
RESPONDENT(S):
1. THE COCHIN DEVASWOM BOARD, REP.BY ITS SECRETARY, DEVASWOM BUILDING,THRISSUR-1.
2. THE SECRETARY, COCHIN DEVASWOM BOARD, DEVASWOM BUILDING, THRISSUR.
BY ADVS.SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B SRI.C.E.UNNIKRISHNAN,SC,COCHIN DEVESWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 28930 of 2009 (I)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS - NIL
TRUE COPY
P.A TO JUDGE
DEVAN RAMACHANDRAN, J.
-----------------------------------------------W.P.C.No.28930 of 2009
Dated this the 17th day of December, 2016
J U D G M E N T
The petitioner has filed this writ petition claiming the benefit of Ext.P15 judgment of this Court.
W.P.C.No.28930/2009
2
which has already been found to be one that was obtained under
vitiating circumstances.
In such view of the matter, no orders can be issued by this Court in this writ petition and the writ petition is, therefore, dismissed.
Sd/-
DEVAN RAMACHANDRAN JUDGE
TRUE COPY
P.A TO JUDGE
DG
1 issue framed by the court
Whether the petitioner can claim the benefit of a prior judgment that was found to be obtained by fraud and suppression of material facts.
Colour shows how this judgement treated each authority
W.P.C.No.7758 of 2012Referred¶36
W.P.C.No.7758 of 2012
A.N.KISHORE KUMAR
THE COCHIN DEVASWOM BOARD
THE SECRETARY, COCHIN DEVASWOM BOARD
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
