Nujum.a v. Badusha
Case brief
What is this about?
Allowed a review petition against an order disposing of a writ petition on the first day of admission without issuing notice. Found that findings prejudicial to the petitioner constituted an error apparent on the face of the record, resulting in the recall of the judgment.
What did the court decide?
The judgment dated 30.04.2020 was reviewed and recalled. The writ petition was posted for admission before the appropriate court.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
RP.No.478 OF 2020 IN WP(C). 9621/2020
AGAINST THE JUDGMENT DATED 30.04.2020 IN WP(C) 9621/2020(C) OF HIGH COURT OF KERALA
PETITIONER (8TH RESPONDENT) :
NUJUM.A, AGED 53 YEARS, S/O.LATE ALIKUNJU, OPPOSITE TO CORDOVA HIGHER SECONDARY SCHOOL, NEAR N.H.BYPASS, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAURAM-695 026.
BY ADVS. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212) SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS (PETITIONER & RESPONDENTS 1 TO 7) :
1 BADUSHA, S/O.LATE MOHAMMED HANEEFA, TC NO.46/41(1), SAFA MANZIL, OPP.TO CORDOVA HIGHER SECONDARY SCHOOL, NEAR N.H.BYPASS, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM-695 026.
Issues for consideration
3 issues framed by the court
Whether an error apparent on the face of the record existed due to the disposal of the writ petition on the first day of admission without issuing notice to the petitioner who was a party.
Whether the findings against the petitioner in the earlier judgment prejudiced him necessitating a review and recall of the order.
Whether the review petition seeking recall of the judgment due to non-issuance of notice should be allowed.
Parties & counsel
- petitioner
Nujum.A
- respondent
Badusha
- respondent
State Police Chief, Kerala State Police Head Quarters
- respondent
District Collector, Thiruvananthapuram
- respondent
Commissioner of Police, Thiruvananthapuram City
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court