The High Court at Ernakulam allowed the Review Petitioner to recall a judgment disposed of the original writ petition based on an incorrect submission about the amount due by the petitioner to KSFE.
The Review Petition was allowed and the impugned judgment was re-called.
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 SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
RP.No. 114 of 2018
AGAINST THE JUDGMENT IN WP(C) 36601/2017 of THIS HON'BLE COURT. -----------
REVIEW PETITIONER(S)/RESPONDENTS NO. 1,3 AND 4
BY ADV.SRI.ANOOP P.V., SC
RESPONDENT(S)/PETITIONER AND RESPONDENTS NO. 2 AND 5 TO 8:
1. VINOD KUMAR, PALAPPALIL VINOD NIVAS, CHETTIKULANGARA MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690 106.
2. SPECIAL DEPUTY THAHSILDAR (RR), KSFE LTD., ALAPPUZHA - 690 502.
3. PRINCIPAL MSM COLLEGE, KAYAMKULAM, ALAPPUZHA DISTRICT - 690 502.
4. HEAD MASTER, NSS HIGH SCHOOL, KURATHIKAD, ALAPPUZHA DISTRICT - 690 502.
5. JAYALAKSHMI, PATHIRETHU VIHAR, CHERAVALLY, KAYAMKULAM (P.O.), ALAPPUZHA - 690 502.
6. SOMANATHAN PILLAI, PATTHIRETHU VIHAR, CHERUVALLY, KAYAMKULAM (P.O.), ALAPPUZHA DISTRICT, PIN - 690 502.
R1 BY SRI.P.R.HARIKUMAR R6 BY SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
SHAJI P. CHALY, J.
R.P. No.114 of 2018 in W.P.(C) No.36601 of 2017
----------------------------------------------Dated this the 22nd day of February, 2018
O R D E R
This review petition is filed by the 1st respondent seeking to review the judgement dated 19.12.2017 on the ground that, the writ petition was disposed of, on the submission made by the learned Standing Counsel for the KSFE that, only an amount of Rs.12,030/- is due from the petitioner in the writ petition to the KSFE. However, it is pointed out that, the said submission made by the learned Standing Counsel is a mistake and other amounts are also due from the writ petitioner in other chitty transactions.
That being the situation, I think it is only appropriate that, the review sought for by the petitioner is allowed. Therefore, the review petition will stand allowed and the judgment is re-called.
Sd/-
SHAJI P. CHALY JUDGE
smv 22.2.2018
2 issues framed by the court
Whether the Review Petitioner is entitled to have the impugned judgment recalled given a mistake in the earlier submission regarding the amount due.
Whether the Review Petition allows recall of the judgment to correct the record of dues from the petitioner.
Managing Director, KSFE, Thiruvananthapuram
Vinod Kumar
Branch Manager, KSFE, Kattanam, Mavelikara
Branch Manager, KSFE, Vauvakavu, Karunagappally
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
