Allowed

Kandanassery Grama Panchayath v. Sainudheen Ashraf

Kerala HC5 Apr 2023RP/391/2023

Case brief

AI extract

What is this about?

Justice P.V. Kunhikrishnan allowed three review petitions filed by the Kandanassery Grama Panchayath. Citing counsel absence during the original hearing, the court recalled the judgment dated 30.11.2022 in the underlying writ petitions WP(C) Nos. 10883, 10853, and 10878 of 2012.

What did the court decide?

The judgment dated 30.11.2022 in WP(C) Nos. 10883, 10853 and 10878 of 2012 is recalled.

Kandanassery Grama Panchayath Vs… — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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RP NO. 392 OF 2023

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AGAINST THE ORDER/JUDGMENTWP(C) 10853/2012 OF HIGH COURT OF

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KERALA

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REVIEW PETITIONER/S:

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KANDANASSERY GRAMA PANCHAYATH

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REPRESENTED BY ITS SECRETARY, KANDANASSERY GRAMA
PANCHAYATH, MATTOM P.O , THRISSUR DISTRICT, PIN -
680602

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BY ADV C.PRABIN BENNY

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RESPONDENT/S:

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P.K.THANKAPPAN

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S/O. P.V.K.KUNJU, PARVATHY BHAVAN, NO 172, STREET
5A, SANTHI NAGAR, SUPELA P.O., DURG DISTRICT,
CHATTISGARH STATE, PIN - 490023

¶14

BY ADV V.A.PRADEEP KUMAR

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.04.2023, ALONG WITH RP.391/2023, 394/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

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RP Nos. 391, 392 & 394 of 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

¶22

RP NO. 391 OF 2023

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AGAINST THE ORDER/JUDGMENTWP(C) 10883/2012 OF HIGH COURT
OF KERALA

¶24

REVIEW PETITIONER/S:

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KANDANASSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KANDANASSERY GRAMA
PANCHAYATH, MATTOM P.O , THRISSUR DISTRICT, PIN -
680602

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BY ADV C.PRABIN BENNY

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RESPONDENT/S:

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SAINUDHEEN ASHRAF

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S/O. SAINUDHEEN, ASHRAF MANZIL, NEDUMANGAD P.O.,
THRIVANDRUM DISTRICT, PIN - 695541
BY ADV V.A.PRADEEP KUMAR

¶30

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.04.2023, ALONG WITH RP.392/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶31

¶32

RP Nos. 391, 392 & 394 of 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶36

WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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RP NO. 394 OF 2023

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AGAINST THE ORDER/JUDGMENTWP(C) 10878/2012 OF HIGH COURT

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OF KERALA

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REVIEW PETITIONER/S:

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KANDANASSERY GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KANDANASSERY GRAMA
PANCHAYATH, MATTOM P.O , THRISSUR DISTRICT, PIN -
680602

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BY ADV C.PRABIN BENNY

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RESPONDENT/S:

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BALAKRISHNAN

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S/O KRISHNA IYER, "BHARADRAJ", DEVI NAGAR,
KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002
BY ADV V.A.PRADEEP KUMAR

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.04.2023, ALONG WITH RP.392/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶47

¶48

RP Nos. 391, 392 & 394 of 2023

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P.V.KUNHIKRISHNAN, J.

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RP No.391 of 2023 in WP(C) No.10883 of 2012, RP No.392 of 2023 in WP(C) No.10853 of 2012 & RP No.394 of 2023 in WP(C) No.10878 of 2012 ============================================================= Dated this the 5^th day of April, 2023

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ORDER

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These review petitions are filed to review the judgment dated 30.11.2022 in WP(C) Nos.10883, 10853 and 10878 of

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The counsel for the review petitioner submitted that the counsel was not present when the case was taken up and therefore, the contentions of the writ petitioner was not considered by this Court. It is also submitted that an opportunity may be given to agitate the case on merit.

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Considering the submission of the counsel for the review petitioner and also after going through the contentions

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raised in the review petitions, I think, the judgment can be recalled.

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RP Nos. 391, 392 & 394 of 2023

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Therefore, these review petitions are allowed. The judgment dated 30.11.2022 in WP(C) Nos.10883, 10853 and

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10878 of 2012 is recalled.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

Kandanassery Grama Panchayath v. Sainudheen Ashraf

Case brief

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Kandanassery Grama Panchayath v. Sainudheen Ashraf

Case brief

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