This review petition challenged the dismissal of a writ petition which was recorded as withdrawn due to alleged insufficiency of the affidavit under Rule 146A of Kerala High Court Rules. The Court found substantial compliance and recalled the judgment.
The judgment in W.P.(C).32889/2017 dated 15-11-2017 is reviewed and recalled.
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 ACTING CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 7TH DAY OF DECEMBER 2017/16TH AGRAHAYANA, 1939
RP.No. 1063 of 2017 (S) IN WP(C).32889/2017 ---------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 32889/2017 DATED 15-11-2017
REVIEW PETITIONER(S)/PETITIONER: -------------------------------
ANDREW XAVIER AGED 45 YEARS, S/O. XAVIER EDWARD, RESIDING AT THUNDIPARAMBIL HOUSE, AZHEEKKAL P.O, VYPIN, ERNAKULAM, KERALA, PIN 682 511
BY ADVS.SRI.SHAIJAN C.GEORGE SRI.P.J.JOSEPH SRI.M.T.AJITH SMT.SAJITHA GEORGE
RESPONDENT(S)/RESPONDENT:
CORPORATION OF COCHIN PARK AVENUE, ERNAKULAM, PIN 682 011 REPRESENTED BY ITS SECRETARY
R1 BY SRI.MILLU DANDAPANI,STANDING COUNSEL,COCHIN CORPORATION
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sou.
Antony Dominic, Ag.CJ & Dama Seshadri Naidu, J
R.P. No.1063 of 2017 in W.P(C). No. 32889 of 2017
Dated this the 7th day of December, 2017
O R D E R
Antony Dominic, Ag.CJ
Heard the counsel on both sides. The writ petition was dismissed by judgment dated 15.11.2017 as withdrawn. This was mainly on account of the fact that the petitioner was under the impression that the affidavit filed in support of the petition does not satisfy the requirements of Rule 146A of the Kerala High Court Rules.
Post the writ petition for admission.
Sd/Antony Dominic, Acting Chief Justice
Sd/Dama Seshadri Naidu, Judge
sou.8/12.
// True copy //
2 issues framed by the court
Whether the affidavit filed by the petitioner substantially complied with Rule 146A of the Kerala High Court Rules.
Whether the withdrawal of the underlying writ petition was erroneous due to a misunderstanding of compliance requirements.
1 provisions across 1 enactments
ANDREW XAVIER
CORPORATION OF COCHIN
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
