Court recalled the judgment in a connected writ petition and allowed the review petition on the ground that the petitioners were necessary parties omitted in the earlier proceedings. Directed impleadment and deferred further revenue proceedings.
Review petition allowed; judgment recalled; impleadment directed; proceedings stalled.
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 ANIL K.NARENDRAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
RP NO. 638 OF 2021
AGAINST THE JUDGMENT DATED 26.03.2021 IN WP(C) 3847/2021
OF HIGH COURT OF KERALA, ERNAKULAM
REVIEW PETITIONERS:
RESPONDENTS:
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The review petitioners, third parties to W.P.(C)No.3847 of 2021, have filed this review petition invoking the provisions under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking review of the judgment dated 26.03.2021 in W.P.(C)No.3847 of 2021, whereby that writ petition filed by the 1st respondent herein was disposed of by directing the 2nd respondent Tahasildar to finalise the proceedings initiated for implementing Ext.P1 order dated 03.12.2020 of the Revenue Divisional Officer, Pala, after obtaining report from the Taluk Surveyor, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of that judgment. In the said judgment, it was made clear that, in terms of the direction contained therein, the 2nd respondent Tahasildar shall take an appropriate decision in the matter, strictly in accordance with law, taking note of the relevant statutory provisions and also the law on the point.
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of 2021, was under challenge in a statutory revision filed before the District Collector, Kottayam, i.e., Ext.P5 revision in W.P.(C)No.7653 of 2021. By Annexure-II judgment dated 24.03.2021, that writ petition was disposed of by directing the District Collector, Kottayam, the 2nd respondent therein, to consider and pass appropriate orders on Ext.P5 revision, with notice to the review petitioners and also the party respondents therein, including the 1st respondent herein. During the pendency of that revision, the 1st respondent herein filed W.P. (C)No.3847 of 2021, seeking an order directing the 2nd respondent Tahasildar to finalise the proceedings to implement Ext.P1 order dated 03.12.2020 of the Revenue Divisional Officer, without the review petitioners, who are the affected parties, in the party array.
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on both sides, this Court finds that, the 1st respondent filed W.P.(C)No.3847 of 2021 before this Court seeking finalisation of the proceedings initiated by the 2nd respondent Tahasildar to implement Ext.P1 order dated 03.12.2020 of the Revenue Divisional Officer, without the affected parties, i.e., the review petitioner herein, in the party array. During the course of arguments, the learned counsel for the 1st respondent/writ petitioner could not offer any explanation whatsoever, for filing that writ petition, without the affected parties in the party array.
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Further proceedings pursuant to Annexure-III order dated 27.04.2021 of the 2nd respondent Tahasildar, which is one issued in terms of the direction contained in the judgment dated 26.03.2021 in W.P.(C)No.3847 of 2021, shall be deferred for the time being, since the said judgment has been recalled by allowing this review petition.
Sd/- ANIL K. NARENDRAN JUDGE
yd
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APPENDIX
REVIEW PETITIONERS' ANNEXURES:
Annexure 1 TRUE COPY OF THE JUDGMENT DATED 12.02.2020 IN WPC NO. 13339/2018 OF THIS HONBLE COURT. Annexure 11 TRUE COPY OF THE JUDGMENT DATED 24.03.2021 IN WPC NO. 7653/2201 OF THIS HONBLE COURT. Annexure 111 TRUE COPY OF THE PROCEEDINGS DATED 27.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. Annexure 1V TRUE COPY OF THE NOTICE DATED 27.04.2021 ISEUD BY THE 2ND RESPONDENT TO THE PETITIONERS. Annexure V TRUE COPY OF THE NOTICE DATED 02.07.2021 ISSUED BY THE TALUK SURVEYOR TO THE PETITIONER.
1ST RESPONDENT'S ANNEXURES:
Annexure R(1)(A) TRUE PHOTOCOPY OF THE ORDER IN I.A.NO.607/18 IN O.S.NO.100/2018 OF MUNSIFF COURT PALA DATED 22.06.2018. Annexure R(1)(B) TRUE PHOTOCPY OF THE JUDGMENT IN W.P. (C)NO.14078/2021 DATED 15.07.2021. Annexure R(1)(C) REPORT OF THE VILLAGE OFFICER DATED 18.07.2017.
1 issue framed by the court
Whether the 1st respondent filed the writ petition without impleading the review petitioners who are necessary and affected parties.
1 provisions across 1 enactments
SANEESH JOSE
BIJU VARGHESE
DAISY CHACKO
THE TAHSILDAR
THE VILLAGE OFFICER
ANIL K NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
