The Court dismissed a review petition filed by the third respondent. The respondent contended that the earlier consensual disposal was against their will as they never conceded for the disposal and sought a fresh hearing. The Court held that such a change of mind was not available and dismissed the petition.
The review petition was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940
RP.No. 470 of 2018
----------------AGAINST THE JUDGMENT IN WP(C) 27464/2017 of THIS HON'BLE COURT, DATED 01-06-2018
REVIEW PETITIONER/3RD RESPONDENT
SAM.J.VARGHESE, KAROTHU HOUSE, ERAVINELLYR POST, PUTHUPALLY, KOTTAYAM-6860O1.
BY ADVS.SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.R.MAHESH MENON SRI.KDEAGO JOHN
RESPONDENTS/PETITIONER AND 1ST & 2ND RESPONDENTS:
1. ABDUL ANSARI,S/O. MAJEED, VADAKKEYIL, MANARCAD POST, KOTTAYAM DISTRICT-686019.
2. THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, COCHIN-682020.
3. THE ASSISTANT MANAGER, IN-CHARGE OF KOTTAYAM DEPOT OF KERALA, STATE CIVIL SUPPLIES, NAGAMBADAM POST, KOTTAYAM DISTRICT-686001.
R1 BY SRI.MATHEW JOHN (K) R2 & R2 BY SRI.R.LAKSHMI NARAYAN, SC,
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp 5/7/2018
DAMA SESHADRI NAIDU J.
Review Petition No.470 of 2018
Dated this the 4th day of July, 2018
JUDGMENT
This Court earlier, on 01.06.2018, disposed of W.P. (C)No.27464/2017. As I vividly remember, it was a consensual disposal. It was so recorded. Now, the 3rd respondent has come up with a review petition, contending that the 3rd respondent never conceded for the writ petition's disposal and that it must be heard afresh.
to the 3rd respondent. I see no ground to entertain this review petition.
Therefore, I dismiss this review petition.
Sd/-
DAMA SESHADRI NAIDU JUDGE
sd
1 issue framed by the court
Whether a review petition can be entertained when the underlying writ petition was disposed of consensually in the earlier order.
Sam.J. Varghese
Abdul Ansari
The Kerala State Civil Supplies Corporation Ltd.
The Assistant Manager, In-Charge of Kottayam Depot of Kerala State Civil Supplies
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
