The High Court of Kerala in this review petition dismissed the filing by the respondents in the judgment and held that the proper course of action for the respondents is to file an appeal against the judgment in the original writ petition.
Review petition dismissed. Direction to file appeal against the judgment in the writ petition.
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.
R.P.NO.543/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
RP.No.543 OF 2020 IN WP(C). 31316/2018
AGAINST THE JUDGMENT DATED 19.11.2019 IN WP(C) 31316/2018(L) OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
2 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD., PATHANAMTHITTA DISTRICT - 689 690
4 DEPUTY CHIEF ENGINEER, (CHAIRPERSON, CGRF, SOUTH), KERALA STATE ELECTRICITY BOARD LTD., VAIDHYUTHA BHAVANAM, KOTTARAKARA, KOLLAM DISTRICT - 691 506.
BY ADV. SRI.M.K.THANKAPPAN
RESPONDENTS:
1 M.B.MOHANACHANDRAN NAIR, MARUTHOOR VADAKKETHIL, KOTTA P.O., KARAKKAD, ALAPPUZHA DISTRICT, PIN - 689 504. (SUB ENGINEER, KSEB, SUB REGIONAL STORE, PATHANAMTHITTA).
SRI. N. SASINDHRAN UNNITHAN SC
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.NO.543/2020
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P.V.ASHA, J .
R.P.No.543 of 2020
in W.P(c) No.31316 of 2018
Dated this the 15th day of September, 2020
O R D E R
The Review Petition is filed by the respondents in W.P(c). No.31316/2018
pointing out that the issue arising in the petition is pending before the Full Bench in several matters.
petitioners is to file an appeal against the judgment in the Writ Petition.
The Review Petition is accordingly dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
R.P.NO.543/2020
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 19.11.2019 IN WPC NO. 31316/2014.
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 03.09.2019 IN OP KAT NOS 394/18 AND ORS.
1 issue framed by the court
Whether a review petition should have been filed by the respondents having joined as petitioners in the review, or if an appeal against the judgment of lower court was the proper remedy.
Kerala State Electricity Board Ltd.
The Chief Engineer (HRM), Kerala State Electricity Board Ltd.
Deputy Chief Engineer Electrical Circle Kerala State Electricity Board Ltd.
Deputy Chief Engineer CGRF South Kerala State Electricity Board Ltd.
M.B. Mohanachandran Nair
K. Sureshkumar
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
