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Mathew Paul, Vs Fr. Jacob Kurian — Public Procurement and Tenders | Kerala HC (2021)

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Kerala HC
2021
Mathew Paul, Vs Fr. Jacob KurianMathew Paul, v. Fr. Jacob Kurian

Allowed

Mathew Paul, v. Fr. Jacob Kurian

Kerala HC7 Oct 2021RP/575/2021

Case brief

AI extract

What is this about?

Review petition to forgive oversight of review petitioners and restore writ petition to file. Court granted relief in discrete order.

What did the court decide?

Review petition allowed; writ petition restored to file. Post as per roster.

What the court decided

AI extract

A

RP NO. 575 OF 2021

1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 7^TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943

RP NO. 575 OF 2021

AGAINST THE JUDGMENT DATED 23.06.2021 IN WP(C) 12054/2021 OF HIGH

COURT OF KERALA, ERNAKULAM

REVIEW PETITIONERS/RESPONDENTS 6 & 7:

1 MATHEW PAUL, AGED 52 YEARS, KUNNATH HOUSE, KINGINIMATTOM P.O., KOLENCHERRY, ERNAKULAM DISTRICT, PIN-682311.

2 K.P. PAULOSE, KUTTIPARICHEL HOUSE, KINGINIMATTOM P.O., KOLENCHERRY, ERNAKULAM DISTRICT, PIN-682311.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether review petitioners were entitled to be heard before the writ petitioner was granted relief.
2.
Whether serious error occurred by failing to hear review petitioners before issuing directions in the writ petition.

Parties & counsel

AI extract

petitioner
MATHEW PAUL
petitioner
K.P. PAULOSE
respondent
FR. JACOB KURIAN
respondent
THE DISTRICT COLLECTOR
respondent
THE TAHSILDAR
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 7 Oct 2021 · October
Registered: 2 Sept 2021
Case no.: RP/575/2021

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Cite this judgement

Mathew Paul, v. Fr. Jacob Kurian, RP/575/2021 (KL), decided on 7 October 2021.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

RAJA VIJAYARAGHAVAN V

Parties & counsel

Outcome

Review petition allowed; writ petition restored to file. Post as per roster.

Issue for consideration

Whether review petitioners were entitled to be heard before the writ petitioner was granted relief. +1 more

Detailed headnote1 paragraphs

Noted that review petitioners were entitled to be heard in matter, overlooking which resulted in serious error on record by respectfully praying that writ petition be restored to file without exercising disposal power to resolve matter.

A compact analysis

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.

BY ADV SAJI VARGHESE KAKKATTUMATTATHIL

RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5:

1 FR. JACOB KURIAN, AGED 58 YEARS, S/O. KURIAN, VICAR, ST.PETERS AND ST. PAULS SYRIAN CHURCH, KOLENCHERRY, ERNAKULAM DISTRICT682311.

2 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD-682030.

3 THE TAHSILDAR, KUNNATHUNAD TALUK, OFFICE OF THE TAHSILDAR, PERUMBAVOOR, PIN-683542.

4 THE VILLAGE OFFICER, AIKKARANADU SOUTH VILLAGE, VILLAGE OFFICE, KOLENCHERRY P.O., ERNAKULAM-682311.

RP NO. 575 OF 2021 2

5 POOTHRIKKA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POOTHRIKKA P.O., PUTHENCRUZ, PIN-682308.

6 THE SECRETARY, POOTHRIKKA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POOTHRIKKA P.O., PUTHENCRUZ, PIN-682308. SRI BIJOY CHANDRAN, SR GP

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP NO. 575 OF 2021 3

O R D E R

The instant review petition is filed seeking to review the judgment dated 23.6.2021 in W.P.(C) No.12054 of 2021.

The aforesaid writ petition was filed by Fr. Jacob Kurian, the 1st respondent herein, seeking issuance of directions to the 2nd respondent to consider Exts.P3 and P4 requests submitted by the petitioner for rectifying the mistakes which crept in the Resurvey number with respect to the property in Old Survey No.600/3 of Aikkaranadu South Village and also to pass final orders.

When this matter had come up for admission, taking note of the limited request of the petitioner, this Court, by judgment dated 23.06.2021, had disposed of the matter and had issued the directions as prayed for. Though the review petitioners were arrayed as respondents 6 and 7, this Court dispensed with notice in view of the limited nature of the relief sought.

The review petitioners contend that actual facts were not placed before this Court by the writ petitioner and that serious prejudice would be caused if their version is not heard before issuing the directions as prayed for.

Having considered the submissions advanced, I am of the view that the

RP NO. 575 OF 2021

4

review petitioners were also entitled to be heard in the matter. By overlooking their contentions, it appears that serious error has crept into the face of the record.

The Review petition will stand allowed. The Writ Petition will stand restored

back to file.

Post as per roster.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

NS

RP NO. 575 OF 2021 5

APPENDIX OF RP 575/2021

PETITIONER (S) ANNEXURES:

Annexure A1 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 5TH RESPONDENT PANCHAYATH DATED 05/11/2019 TOGETHER WITH COVERING LETTER DATED 11/11/2019. Annexure A2 TRUE COPY OF THE APPLICATION FOR LAND ASSIGNMENT DATED 22/10/2019. Annexure A3 TRUE COPY OF THE RECEIPT DATED 28/10/2019 OF THE VILLAGE OFFICER, AIKKARANADU SOUTH VILLAGE. Annexure A4 TRUE COPY OF THE SALE DEED NO.7032/2013 OF THE SRO PUTHENCRUZ.

RESPONDENT (S) ANNEXURES: NIL

THE VILLAGE OFFICER

Coram

AI extract

RAJA VIJAYARAGHAVAN V

CNR

KLHC010469982021

Topic

Public Procurement and Tenders

Bench

Raja Vijayaraghavan V

Disposal

ALLOWED

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