This review petition was dismissed as documents opposing the expert opinion in the judgment were obtained after the judgment was pronounced, constituting no ground for review or error apparent on the face of the record.
Dismissal of the review petition.
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.
R.P. NO. 331/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946
R. P. NO. 331 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.27315 OF 2023 OF THE HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
TINTU MERIN ABRAHAM, AGED 38 YEARS, W/O JOHN KURIAN, THANNICKAL (H), CHALUKUNNU, KOTTAYAM, PIN – 686001.
BY ADVS.M/S.J.JULIAN XAVIER, FIROZ K.ROBIN, ROY JOSEPH,
ANIES MATHEW & NIRMAL KURIEN EAPEN
RESPONDENTS/RESPONDENTS:
1 COMMISSIONER OF EXAMINATIONS, GOVERNMENT OF KERALA, OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM, PIN – 695012.
2 STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695033.
SRI.PREMCHAND R.NAIR, SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. NO. 331/2024
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MOHAMMED NIAS C. P. , J.
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R. P. No. 331 of 2024
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Dated this the 22nd day of March, 2024
O R D E R
This review petition is filed, producing documents to contradict the answers suggested by the experts. Even going by the averments in the review petition, they were all obtained after the judgment was pronounced, which cannot be a ground for seeking a review of the judgment. There is no merit in the review petition, much less any error apparent on the face of the record to entertain this review petition, and the same is accordingly dismissed.
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
R.P. NO. 331/2024
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APPENDIX OF R.P.NO.331/2024
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE OPINION ISSUED BY DR. DR. GEORGE M SRAMPICKAL, MBBS, MS, DNB, MNAMS, CONSULTANT ORTHOPEDIC SURGEON WITH REGISTRATION NO.44771, PRESENTLY WORKING AT PROVIDENCE HOSPITAL, ALAPPUZHA
ANNEXURE A2 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. NOUSHADALI P.P, MBBS, DNB (GENERAL MEDICINE), CONSULTANT PHYSICIAN REGISTRATION NO. TCMC 66597, CEEYAM HOSPITAL, VADAKARA
ANNEXURE A3 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. CHITHIRA BALAKRISHNAN, MBBS, MD (PATH) REGISTRATION NO.46650, ASSISTANT SURGEON, KERALA HEALTH SERVICES
ANNEXURE A4 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. N.P BABURAJ, MS.DO OPHTHALMIC SURGEON REGISTRATION NO.17147
ANNEXURE A5 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. ANU MARY JOSE, ASSISTANT SURGEON, CHC, KEEZHPALLY, KANNUR
ANNEXURE A6 TRUE COPY OF THE RELEVANT PAGES OF KERALA MOTOR VEHICLES RULE, 1989
ANNEXURE A7 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785), MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA
R.P. NO. 331/2024
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ANNEXURE A8 COPY OF THE CERTIFICATE ISSUED BY SRI. ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, THODUPUZHA, PEN: 135581 ANNEXURE A9 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. MOHANAN, JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM ANNEXURE A10 TRUE COPY OF THE CERTIFICATE ISSUED BY RIYAS M.P, PEN: 331008, MOTOR VEHICLES INSPECTOR, RTO (ENFORCEMENT KANNUR) ANNEXURE A11 TRUE COPY OF THE CERTIFICATE ISSUED BY ADARSH S.R, ASSISTANT MOTOR VEHICLES INSPECTOR, RTO VADAKARA, ID NO.4091
2 issues framed by the court
Whether documents obtained after the judgment can form a ground for review?
Is there an error apparent on the face of the record to entertain the review?
TINTU MERIN ABRAHAM
COMMISSIONER OF EXAMINATIONS, GOVERNMENT OF KERALA
STATE OF KERALA
MOHAMMED NIAS C. P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
