Review petition challenging a judgment where the High Court negatived contentions regarding land status and benefit of Vesting Act sections due to dearth of materials. The review court dismissed it as an attempt at rehearing without apparent error on the face of the record.
Review petition dismissed as there was no error apparent on the face of the record.
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 CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939
RP.No. 42 of 2018 IN MFA. 201/2005
AGAINST THE JUDGMENT IN MFA 201/2005 of HIGH COURT OF KERALA DATED 09-01-2017
REVIEW PETITIONER/APPELLANT/APPLICANT
MAIMOON UMMA, W/O.MUHAMMED KUTTY @ MUHAMMED HANEEFA RAWTHER, REP. BY HER SON AND POWER OF ATTORNEY HOLDER, ALAVUDHEEN, POTHAMPADAM PERINCHIRA POST, MUTHALAMADA, CHITTUR, PALAKKAD.
BY ADVS.SRI.H.BADARUDDIN
SMT.B.SHAMEERA
RESPONDENTS/RESPONDENTS:
REP. BY THE CHIEF SECRETARY TO GOVERNMENT THIRUVANANTHAPURAM 695 001.
BY GOVERNMENT PLEADER SRI.K.P. MADHU
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 42 of 2018 IN MFA. 201/2005
APPENDIX
PETITIONER'S ANNEXURES
I TRUE COPY OF THE CERTIFICATE OF PURCHASE OBTAINED BY THE REVIEW PETITIONER FROM THE LAND TRIBUNAL NO.2, KOLLENGODE IN O.A.930/1971 WITH REF:NO.964/1977 DATED 30.6.1977
II, II(A) & II(B) TRUE COPY OF THE CASE SUMMARY, DISCHARGE MEDICAL RECORD AND PRESCRIPTION ISSUED BY THE SREE CHITHIRATHIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM
//TRUE COPY//
P A TO JUDGE
JJJ
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
Review Petition No. 42 of 2018 in M.F.A. No. 201 of 2005
-----------------------------------------Dated: 23rd February, 2018
O R D E R
Antony Dominic, C.J.
This Review Petition is filed by the appellant in M.F.A. No.201/2005. The said M.F.A was filed aggrieved by the order passed by the Forest Tribunal, Kozhikode, in O.A. No.22 of 2004. When the M.F.A. was heard, two contentions were urged. First contention was that on 10.05.1971, the appointed day, the land in question was not a private forest. The second contention was that the appellant was entitled to the benefit of Sections 3(2) and 3(3) of the Vesting Act. Both these contentions were negatived by this Court on the ground of dearth of materials before the Tribunal and this Court. It is this judgment which is sought to be reviewed.
R.P. No. 42/2018
-2-
We therefore do not find any ground to review the judgment. The petition is accordingly dismissed.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/DAMA SESHADRI NAIDU, JUDGE.
jjj 23/02/2018
2 issues framed by the court
Whether the review petition raises any error apparent on the face of the record justifying invocation of the review power.
Whether the petitioner's attempt to produce omitted evidence constitutes grounds for review.
1 provisions across 1 enactments
MAIMOON UMMA
STATE OF KERALA
THE CUSTODIAN OF VESTED FORESTS
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
