Justice Shaji P. Chaly allowed two review petitions filed by the Thrisur Public Library to recall a common judgment dated 12.06.2018. The court found an apparent error due to the petitioner's insufficient opportunity to file a counter affidavit.
The Review Petitions are allowed and the common judgment dated 12.06.2018 is 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 MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941
RP.No.661 of 2018 IN WP(C). 18728/2018
AGAINST THE JUDGMENT IN WPC 18728/2018 of HIGH COURT OF KERALA DATED 12-06-2018
REVIEW PETITIONER/S:
THRISSUR PUBLIC LIBRARY REPRESENTED BY ITS SECRETARY, TOWN HALL ROAD, THRISSUR - 680 020.
BY ADVS. SRI.V.M.SYAM KUMAR SMT.ANJU MARY SMT.KRIPA ELIZABETH MATHEWS SMT.P.F.ROSY SRI.PHILIP.N.JOSEPH
RESPONDENT/S:
1 RANJITH KUMAR A.S, S/O. SUKUMARAN, ALAPPURATH HOUSE, SREE LAKSHMI, RAJEEV GARDED, 3RD STREET, PERINGAVU P.O., THRISSUR - 680 008.
2 THE GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE STATE LIBRARY COUNCIL REPRESENTED BY ITS SECRETARY, T.C. 24/1962, K. ANIRUDHAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
4 THE DISTRICT LIBRARY COUNCIL REPRESENTED BY ITS SECRETARY, VELIYANUR ROAD, THRISSUR - 680 021.
R2 BY SMT. RASHMI K.M., GP R3 BY SRI. B.S.SYAMANTHAK
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
2
R4 BY ADV. SRI.C.P.MOHAMMED NIAS
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02.08.2019, ALONG WITH RP.671/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941
RP.No.671 of 2018 IN WP(C). 25680/2017
AGAINST THE JUDGMENT IN WPC 25680/2017 of HIGH COURT OF KERALA DATED 12-06-2018
REVIEW PETITIONER/S:
THRISSUR PUBLIC LIBRARY REPRESENTED BY ITS SECRETARY, TOWN HALL ROAD, THIRSSUR, 680020
BY ADVS. SRI.V.M.SYAM KUMAR SMT.ANJU MARY SMT.KRIPA ELIZABETH MATHEWS SMT.P.F.ROSY SRI.PHILIP.N.JOSEPH
RESPONDENT/S:
1 RANJITH KUMAR A.S, S/O.SUKUMARAN, ALAPPURATH HOUSE, SREE LAKSHMI, RAJEEV GARDED, 3RD STREET, PERINGAVU P.O., THRISSUR-680008.
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
4
R2 BY SMT. RASHMI K.M., GP R3 BY SRI. B.S.SYAMANTHAK R4 BY ADV. SRI.C.P.MOHAMMED NIAS
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02.08.2019, ALONG WITH RP.661/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
ORDER
These Review Petitions are filed by the 4th
respondent in the writ petition, seeking to
review the common judgment dated 12.06.2018.
Trissur Public Library, the 4th respondent did not get sufficient opportunity to file counter affidavit and contest the proceedings in the writ petition. It is also pointed out that, other connected writ petitions filed by Trissur Public Library is pending consideration before this court, and so also, other public libraries have filed similar writ petitions, pending
consideration.
respective counsel across the Bar, I am of the considered opinion that, there is an apparent error on the face of the record, susceptible to be corrected in these Review Petitions.
Accordingly, the Review Petitions will stand allowed, and the common judgment is recalled.
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
6
Post along with W.P.(C).No.30886/2018 and other
connected case.
Sd/-
SHAJI P.CHALY
JUDGE
uu 03.08.2019
RP.Nos.661 & 671 of 2018 IN WP(C). 18728/2018
7
APPENDIX OF RP 661/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE A COPY OF THE BYE LAWS OF THE REVIEW PETITIONER, THRISSUR PUBLIC LIBRARY.
ANNEXURE B COPY OF THE WRITTEN STATEMENT FILED IN OS NO.6606 OF 2015 BEFORE THE MUNSIFF COURT, THRISSUR.
ANNEXURE C COPY OF THE WRITTEN STATEMENT FILED IN OS NO.675 OF 2016 BEFORE THE MUNSIFF COURT, THRISSUR.
APPENDIX OF RP 671/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE A COPY OF THE BYE LAWS OF THE REVIEW PETITIONER, THRISSUR PUBLIC LIBRARY.
ANNEXURE B COPY OF THE WRITTEN STATEMENT FILED IN OS NO.6606 OF 2015 BEFORE THE MUNSIFF COURT, THRISSUR.
ANNEXURE C
COPY OF THE WRITTEN STATEMENT FILED IN OS NO.675 OF 2016 BEFORE THE MUNSIFF COURT, THRISSUR.
1 issue framed by the court
Whether there is an apparent error on the face of the record, specifically lack of sufficient opportunity to file a counter affidavit, warranting the recall of the judgment under review.
THRISSUR PUBLIC LIBRARY
THE DISTRICT LIBRARY COUNCIL
RANJITH KUMAR A.S
THE GOVERNMENT OF KERALA
THE STATE LIBRARY COUNCIL
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
