Allowed review petitions filed by a petitioner regarding amounts due under prized chitties, holding that an opportunity should be given to agitate contentions despite discovery of facts post-judgment. Recalled judgment and restored WP(C)s to file.
Review allowed; judgment dated 15.10.2018 recalled; WP(C) No.27263/2018 & 27297/2018 restored to file.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
RP.No.813 OF 2019 IN WP(C). 27263/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 27263/2018(G) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
SUGANDHAKUMAR A.K., AGED 50 YEARS S/O.KESAVAN, (NOW WORKING AS SENIOR CLERK, FOREST DEPARTMENT (KONNY DIVISION, FOREST QUARTERS NO.2528, TYPE II QUARTERS, FORESTRY TRAINING COMPLEX, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM-695013.
BY ADV. SRI.S.SABARINADH
RESPONDENT/S:
R1 BY SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06.11.2019 ALONG WITH RP.846/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.813/2019 & 846/2019
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
RP.No.846 OF 2019 IN WP(C). 27297/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 27297/2018(J) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
SUGANDHAKUMAR A.K. AGED 50 YEARS S/O. KEDAVAN, (NOW WORKING AS SENIOR CLERK, FOREST DEPARTMENT (KONNY DIVISION), FORESET QUARTERS NO. 2528, TYPE II QUARTERS, FORESTRY TRAINING COMPLEX, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM - 695 013.
BY ADV. SRI.S.SABARINADH
RESPONDENT/S:
RP Nos.813/2019 & 846/2019
..3..
4 PREMACHANDRAN TYPE II (B), NO.20/28, FORESTRY TRAINING COMPLEX, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM - 695 013.
5 AMBUJAKSHAN P.S. C.R.U. UNIT, FINANCE DEPARTMENT, KERALA SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 BY SRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06.11.2019, ALONG WITH RP.813/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP Nos.813/2019 & 846/2019
..4..
RP Nos. 813 & 846 of 2019
O R D E R
These petitions are filed seeking review of the common judgment dated 15.10.2018 in WP(C) Nos.27263/2018 & WP(C) No.27297/2018 on the ground that the petitioner had submitted applications under the Right to Information Act after the issuance of the judgment and had
come to know that certain amounts due to him under prized chitties had not been adjusted against the amounts due from him. Though discovery of new facts after the judgment is definitely not a ground to review the judgment, the learned counsel for the petitioner submits that the petitioner has no remedy other than filing a review petition.
RP Nos.813/2019 & 846/2019
..5..
be given an opportunity to agitate his contentions with regard to the amounts due from him.
In the above view of the matter, this RP is
allowed. The judgment dated 15.10.2018 in WP(C) Nos.27263/2018 & 27297/2018 is recalled. WP(C) Nos.27263/2018 & 27297/2018 are restored to file.
Post the WP(C)s according to roster.
Sd/-
ANU SIVARAMAN
JUDGE
Bka/06.11.2019
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RP Nos.813/2019 & 846/2019
APPENDIX OF RP 813/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
A TRUE PHOTOCOPY OF THE LETTER NO.RTI, 1/2019 DATED 18.01.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT.
ANNEXURE A2 A TRUE PHOTOCOPY OF THE LETTER NO.RTI, 6/2019 DATED 27.02.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT.
ANNEXURE A3 A TRUE PHOTOCOPY OF THE CHITTY ARBITRATION CASE FILED BY THE REVIEW PETITIONER BEFORE THE REGISTRAR OF CHITS AGAINST THE RESPONDENTS.
ANNEXURE A4
A TRUE PHOTOCOPY OF THE OBJECTION DATED 27.07.2019 PREFERRED BY THE REVIEW PETITIONER BEFORE THE DISTRICT COLLECTOR AND RESPONDENTS 1 & 2.
RP Nos.813/2019 & 846/2019
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APPENDIX OF RP 846/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE PHOTOCOPY OF THE LETTER NO. RTI.1/2019 DATED 31.01.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT.
ANNEXURE A2 A TRUE COPY OF THE LETTER NO.SDT/THIRU/17669/17-18 DATED 21.05.2019 ISSUE DBY THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT.
ANNEXURE A3 A TRUE PHOTOCOPY OF THE LETTER NO. RTI.4/2019 DATED 07.06.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT.
ANNEXURE A4 A TRUE PHOTOCOPY OF CHITTY ARBITRATION CASE FILED BY THE REVIEW PETITIONER BEFORE THE REGISTRAR OF CHITS AGAINST THE RESPONDENTS.
ANNEXURE A5 A TRUE PHOTOCOPY OF THE OBJECTION DATED 05.07.2019 PREFERRED BY THE REVIEW PETITIONER BEFORE THE DISTRICT COLLECTOR AND RESPONDENTS 2-3.
3 issues framed by the court
Whether the petitioner is entitled to review of judgment on ground of discovery of new facts from RTI applications.
Whether the petitioner should be given opportunity to agitate contentions regarding amounts due.
Whether Judgment dated 15.10.2018 in WP(C)s 27263/2018 & 27297/2018 should be recalled.
Sugandhakumar A.K.
The Branch Manager The Kerala State Financial Enterprises Limited
The Special Deputy Tahsildar Revenue Recovery Office
Treea Rajan
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
