Review Petition filed seeking recall of the judgment in W.P.(C) No.24053/2020. The High Court recalled the dated 18.11.2020 judgment as the matter required further adjudication and restored the writ petition.
Review Petition allowed, judgment dated 18.11.2020 recalled, writ petition restored.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
RP.No.69 OF 2021 IN WP(C). 24053/2020
AGAINST THE JUDGMENT IN WP(C) 24053/2020(F) OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
TRITVAM APARTMENT OWNERS ASSOCIATION, TRITVAM APARTMENTS, AYYAPANKAVU, ERNAKULAM, KERALA-682 018.
(AN APARTMENT REGISTERED UNDER THE KERALA APARTMENT OWNERSHIP ACT OF 1983) REPRESENTED BY ITS SECRETARY, SUNIL KUMAR PANKAJAKSHAN, AGED 52 YEARS, S/O. N PANKAJAKSHAN RESIDING AT T3 8D TRITVAM, GOSHREE PACHALAM LINK ROAD, MARINE DRIVE.
BY ADV. SRI.JOHNSON GOMEZ
RESPONDENTS/RESPONDENTS IN THE WP(C):
1 STATE OF KERALA, SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.
2 DEPUTY COLLECTOR (DISASTER MANAGEMENT), DISTRICT COLLECTORATE, FIRST FLOOR CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA-682 030.
3 TATA REALTY AND INFRASTRUCTURE LIMITED (TRIL), GOSHREE PACHALAM LINK ROAD, MARINE DRIVE, KOCHI-682 018, REPRESENTED BY ITS MANAGER.
BY ADVS. PRINCY XAVIER, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.69 OF 2021(F)
2
O R D E R
In view of the contentions raised in the
Review Petition, I am of the view that the judgment dated 18.11.2020 in W.P.(C)
No.24053/2020 has to be recalled, as the matter requires further adjudication. However, the direction issued in the writ petition shall be treated as interim order in the writ petition.
Accordingly, the Review Petition is allowed. Judgment dated 18.11.2020 is recalled
and writ petition is restored.
Sd/P.V.ASHA JUDGE
ww
RP.No.69 OF 2021(F)
3
APPENDIX
REVIEW PETITIONER'S ANNEXURES:
| ANNEXURE A1 | A CERTIFIED NO.24053/202 |
COPY O 0 DATED |
F THE JUDGME 18-11-2020. |
NT IN WP(C) |
|---|---|---|---|---|
| ANNEXURE A2 | A TRUE COP 2068/2020/D4 |
Y OF DATED |
THE CERTIFI 18-10-2020. |
CATE NUMBER |
| ANNEXURE A3 | A TRUE C REGISTRATION ASSOCIATION 1972 DATED 1 |
OPY OF OF UNDER 4-07-20 |
THE CERT APARTMEN WEST BENGAL 20. |
IFICATE OF T OWNERS ACT XVI OF |
| ANNEXURE A4 | A TRUE COPY UNDER THE ASSOCIATION |
OF THE PUNJ OF 1995 |
REGISTRATION AB APARTME DATED 10-06 |
CERTIFICATE NT OWNERS -2020. |
1 issue framed by the court
Whether the judgment dated 18.11.2020 in the original writ petition needs to be recalled for further adjudication.
TRITVAM APARTMENT OWNERS ASSOCIATION
STATE OF KERALA
DEPUTY COLLECTOR (DISASTER MANAGEMENT)
TATA REALTY AND INFRASTRUCTURE LIMITED
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
