The High Court of Kerala dismissed a review petition. The Court held that the review should be rejected because the petition sought to revive a cause of action from 2011 that had become stale after a subsequent rank-list was published in 2018, violating the principle of limitation.
Review petition rejected in limine due to limitation and laches.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
R.P.No.116 OF 2020 IN WA. 2046/2019
AGAINST THE ORDER IN WA NO.2046/2019 OF THE HIGH COURT OF KERALA DATED 30.10.2019
REVISION PETITIONER/RESPONDENT/PETITIONER:
SANDHYA V., AGED 42 YEARS W/O. UDAYAKUMAR. B., KADAVILPARAMBIL HOUSE, PALLANA MURI, THRIKUNNAPUZHA VILLAGE, ALAPPUZHA DISTRICT.
BY ADV. SRI.B.RENJITHKUMAR
RESPONDENT/APPELLANT/RESPONDENT:
THE TRAVANCORE DEVASWOM BOARD REP. BY ITS SECRETARY, O/O. TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM 695 001.
BY SRI.C.K.PAVITHRAN, SC, TDB
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.No.116 OF 2020
2
JUDGMENT
K. Vinod Chandran, J.
The learned Counsel for the petitioner submits that the ground for review is that there is no limitation and as long as the list is in force, there could be a writ petition filed. It is seen that the rank-list itself was published on 22.08.2011 and the petitioner had approached this Court in the year 2018. It cannot be said that the petitioner could be permitted to agitate the cause of 2011 in the year 2018. We also found that the provocation to file the writ petition in 2018, was a subsequent rank-list published, which had no connection with the earlier selection or ranklist.
2. The Recruitment Board having been constituted and a rank-list also published in accordance with the selection made subsequently,
R.P.No.116 OF 2020
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there can be no claim raised with respect to the
earlier selection.
Review petition stands rejected in limine .
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/-
V.G. ARUN, JUDGE.
sp/04/02/2020
//True Copy//
P.A. To Judge
2 issues framed by the court
Whether a review petition can be allowed regarding limitation and revival of a dormant cause of action.
Whether a cause of action from 2011 can be agitated in 2018 when a subsequent rank-list has been published.
Sandhya V.
The Travancore Devaswom Board
K. Vinod Chandran
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
