In this review petition, the petitioner successfully argued that the impugned judgment was incorrectly batched with other cases due to different facts. The Single Judge recalled the judgment and allowed the review petition.
The judgment dated 17.06.2022 was recalled and the review petition was allowed.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
RP NO. 751 OF 2022
AGAINST THE JUDGMENT IN WP(C) 27309/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONERS:
1 SHAJAN M.S. AGED 60 YEARS S/O. M. SAMUEL, MAMTHARATHU PUTHEN VEEDU, PARAKKARA P.O., THATTAYIL, PATHANAMTHITTA-691 525. (RETIRED AS ASSOCIATE PROFESSOR IN CHEMISTRY, ST. STEPHEN'S COLLEGE, PATHANAPURAM).
2 DR. VARUGHESE P. DANIEL, PLAVILAYIL PUTHEN VEEDU, 80 MYTHRI NAGAR, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM - 695 015 (RETIRED PRINCIPAL, ST. STEPHEN'S COLLEGE, PATHANAPURAM).
3 K.O. RAJU, KIZHAKKEPARAMBIL, KIZHAVALLOOR P.O., KONNY, PATHANAMTHITTA-689 691 (RETIRED ASSOCIATE PROFESSOR IN MATHEMATICS, CATHOLICATE COLLEGE, PATHANAMTHITTA).
4 DR. SHINEY BABY, THEKKECLAVUMKAL, UZHAVOOR P.O., KOTTAYAM - 686 634 (RETIRED ASSOCIATE PROFESSOR IN CHEMISTRY, ST. STEPHEN'S COLLEGE, UZHAVOOR)
5 DR. RAMESH KUMAR B., MUKKATHU HOUSE, EDAYARANMULA P.O., PATHANAMTHITTA-689 532 (RETIRED ASSOCIATE PROFESSOR IN CHEMISTRY, N.S.S. COLLEGE, PANDALAM)
6 DR. MICHAEL RAJ, 24, BAMA ILLAM, RAJALINGAM STREET, RENITHOTTAM, NESAMONY NAGAR P.O., NAGERCOIL - 1, KANYAKUMARI DISTRICT, TAMILNADU - 629 001 (RETIRED ASSOCIATE PROFESSOR IN ECONOMICS, ST. STEPHEN'S COLLEGE, PATHANAPURAM).
7 DR. ALAVIKUTTY P.M., PEEYAM HOUSE, TC ROAD, TIRURANGADI, MALAPPURAM - 676 306 (RETIRED PRINCIPAL, PSMO COLLEGE, TIRURANGADI) 8 JOHNSON VARUGHESE,
RP NO. 751 OF 2022 IN WP(C)NO.27309/2021
2
NEDUMPURATH, THODUPUZHA EAST P.O., PIN - 685 585 (RETIRED ASSOCIATE PROFESSOR IN COMMERCE, NIRMALA COLLEGE, MUVATTUPUZHA).
10 MRS. GEETHA ANNIE GEORGE, PULINTHITTA RSPO, THIRUVALLA - 689 111 (RETIRED ASSOCIATE PROFESSOR IN CHEMISTRY, ST. STEPHEN'S COLLEGE, PATHANAPURAM).
11 THOMMACHEN XAVIER, PATHINARIL HOUSE, 16/1938B, K.V. THOMAS ROAD, THOPPUMPADY P.O., KOCHI - 682 005 (RETIRED ASSOCIATE PROFESSOR IN CHEMISTRY, SACRED HEART COLLEGE, THEVARA, ERNAKULAM DISTRICT).
RP NO. 751 OF 2022 IN WP(C)NO.27309/2021
3
PROFESSOR IN CHEMISTRY, MSM COLLEGE, KAYAMKULAM)
18 ANNA JOHN P., THENGUMTHURUTHEL, MANARCAD P.O., KOTTAYAM (RETIRED ASSOCIATE PROFESSOR IN ZOOLOGY, ST. MARY'S COLLEGE, MANARCAD). 19 DR. MERCY PHILIP C., MOOLAKKATTU HOUSE, KIDANGOOR P.O., KOTTAYAM - 686 572 (RETIRED ASSOCIATE PROFESSOR IN CHEMISTRY, PRINCIPALIN-CHARGE, ST.STEPHEN'S COLLEGE, UZHAVOOR). 20 DR. FRANCIS CYRIAC E., EDATTU KUNNEL CHALIL, UZHAVOOR P.O., KOTTAYAM - 686 634 (RETIRED PRINCIPAL, ST. STEPHEN'S COLLEGE, UZHAVOOR) 21 DR. K.K. HAMSA, KANDANKULANGARA HOUSE, ULLIYERI P.O., KOZHIKODE - 673 323 (RETIRED ASSOCIATE PROFESSOR IN STATISTICS, FAROOK COLLEGE, KOZHIKODE)
22 DR. BABURAJ M.S., UTHRADAM, TC. 12/447(3), PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM (RETIRED ASSOCIATE PROFESSOR IN STATISTICS, CHRISTIAN COLLEGE, KATTAKADA). 23 DR. MURALIDHARAN NAMBIAR M., POURNAMI, PADIHANTTAM KOZUVAL, NILESHWAR P.O., KASARGOD DISTRICT. (RETIRED ASSOCIATE PROFESSOR IN POLITICAL SCIENCE, NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD) BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENTS/APPELLANTS:
RP NO. 751 OF 2022 IN WP(C)NO.27309/2021
4
| 3 | THE ADDITIONAL CHIEF SECRETARY, |
|---|---|
| FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. |
|
| 4 | THE PRINCIPAL ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM - 695 001. |
| 5 | THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033. |
| SMT.PARVATHY-GP | |
| THIS | REVIEW PETITION HAVING COME UP FOR ADMISSION ON |
| 25.08.2022, | THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: |
RP NO. 751 OF 2022 IN WP(C)NO.27309/2021
5
O R D E R
The judgment sought to be reviewed was
delivered along with a batch of cases. The petitioners point out that this case ought not to have been tagged along with the said batch, since the facts are different.
I have examined the pleadings on record and I am also persuaded to the view that the petitioners are right.
In the circumstances, the judgment dated 17.06.2022 is recalled and this review petition is allowed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
1 issue framed by the court
Whether the judgment dated 17.06.2022 sought to be reviewed ought to have been tagged along with a batch of other cases given the different facts.
SHAJAN M.S. and Others
THE STATE OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
