Review petitioner contended a prior judgment dismissed their writ petition due to incorrect submission that the case was infructuous. The court held this resulting in an error apparent on the face of the record and recalled the order.
The judgment dated 19.06.2024 is recalled and the writ petition is to be posted according to roster.
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 EASWARAN S.
MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946
RP NO. 735 OF 2024
AGAINST THE JUDGMENT DATED 19.6.2024 IN WP(C) NO.22776 OF 2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONERS:
1 N.KRISHNAN AGED 75 YEARS
NITVE HOUSE, T.C.54/225(2),NEMAM VILLAGE, PAPPANAMKODE P O, THIRUVANANTHAPURAM., PIN - 695018
N.K.KARNIS N.SUKUMARAN (SR.)
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE-REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-, PIN - 695001
OTHER PRESENT:
GP - SRI K M FAIZAL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 735 OF 2024
2
O R D E R
The writ petition was dismissed on 19.06.2024 recording the submission of the learned counsel for the petitioners that the same is infructuous. Now, the petitioners have filed a review petition stating that the counsel for the petitioners did not submit that the writ petition had become infructuous as stated in the judgment. According to the review petitioners some other counsel, wrongly submitted that, understanding of the number in the list submitted that the petitioners' case became infructuous and accordingly, it was dismissed.
RP NO. 735 OF 2024
3
In the interest of justice, this Court finds that the dismissal of the writ petition by recording the submission of the learned counsel for the petitioners as infructuous, has resulted in an error apparent on the face of the record, especially when the statement made across the Bar by the learned counsel for the petitioners that it was without noticing the status of the claim of the petitioners that the submissions were made. Accordingly, the judgment dated 19.06.2024 is recalled.
Post the writ petition as per the roster.
Sd/-
EASWARAN S. JUDGE
rp
1 issue framed by the court
Whether the dismissal of the writ petition based on erroneous submission of counsel amounts to an error on the face of the record warranting recall.
N. Krishnan
Kiran K Clint
State of Kerala
District Collector
Easwaran S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
