Review petition seeking to overturn an earlier writ judgment by producing expert opinions and certificates obtained only after the judgment. Court held post-judgment documents cannot ground a review and found no error apparent on the face of the record; review dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 12THDAY OF MARCH 2024 / 22ND PHALGUNA, 1945
RP NO. 340 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.27418 OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER :-
RASHIDA MUMTHAS M.K
AGED 23 YEARS
D/O ABDUL RASAK, MOONNUKANDATHIL (H), CHERAVANNUR,
MALAPPURAM, PIN – 676551
BY ADVS.
J.JULIAN XAVIER
FIROZ K.ROBIN
ROY JOSEPH
ANIES MATHEW
NIRMAL KURIEN EAPEN
RESPONDENT/RESPONDENTS IN W.P.(C) :-
1COMMISSIONER 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
SMT.NISHA BOSE, SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 340 OF 2024
2
ORDER
This review application 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 error on the face of the record to entertain this review petition, and the same is accordingly is
dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SMA
RP NO. 340 OF 2024
3
APPENDIX OF RP 340/2024
PETITIONER ANNEXURES :-
Annexure A1TRUE COPY OF THE OPINION ISSUED BY DR.
GEORGE M SRAMPICKAL, MBBS, MS, DNB, MNAMS,
CONSULTANTORTHOPEDICSURGEONWITH
REGISTRATION NO.44771, PRESENTLY WORKING AT
PROVIDENCE HOSPITAL, ALAPPUZHA
Annexure A2TRUE COPY OF THE CERTIFICATE ISSUED BY DR.
NOUSHADALI P.P, MBBS, DNB (GENERAL
MEDICINE),CONSULTANTPHYSICIAN
REGISTRATION NO. TCMC 66597, CEEYAM
HOSPITAL, VADAKARA
Annexure A3TRUE COPY OF THE CERTIFICATE ISSUED BY DR.
CHITHIRA BALAKRISHNAN, MBBS, MD (PATH)
REGISTRATION NO.46650, ASSISTANT SURGEON,
KERALA HEALTH SERVICES
Annexure A4TRUE COPY OF THE CERTIFICATE ISSUED BY DR.
N.P BABURAJ, MS.DO OPHTHALMIC SURGEON
REGISTRATION NO.17147
Annexure A5TRUE 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 A7TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.
A.K NAJEEB, LLB. M.TECH., MIE (PEN:134785),
MOTOR VEHICLE INSPECTOR (HG), SUB REGIONAL
TRANSPORTOFFICE,THIRUVALLA,
PATHANAMTHITTA
Annexure A8COPY OF THE CERTIFICATE ISSUED BY SRI.
ISSAC THOMAS, MOTOR VEHICLES INSPECTOR, SUB
RTO OFFICE, THODUPUZHA, PEN: 135581
Annexure A9TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.
RP NO. 340 OF 2024
4
MOHANAN, JOINT REGIONAL TRANSPORT OFFICER,
OTTAPALAM
Annexure A10TRUE COPY OF THE CERTIFICATE ISSUED BY
RIYAS M.P, PEN: 331008, MOTOR VEHICLES
INSPECTOR, RTO (ENFORCEMENT KANNUR)
.
Annexure A11TRUE COPY OF THE CERTIFICATE ISSUED BY
ADARSH S.R, ASSISTANT MOTOR VEHICLES
INSPECTOR, RTO VADAKARA, ID NO.4091
1 issue framed by the court
Whether documents obtained after judgment was pronounced can be a ground for review?
Rashida Mumthas M.K
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