Kerala High Court
National Monument Authority vs Puthumana Kesavan on 1 December, 2011
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
TUESDAY, THE 20TH DAY OF MARCH 2012/30TH PHALGUNA 1933
RP.No. 124 of 2012 (E)
IN WPC/23444/2011
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AGAINST THE JUDGMENT IN WPC.23444/2011 DATED 01-12-2011
REVIEW PETITIONER/3RD RESPONDENT:
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NATIONAL MONUMENT AUTHORITY
24, TILAK MARG, NEW DELHI-110 001
REPRESENTED BY THE SUPERINTENDING ARCHEOLOGIST
ARCHEOLOGICAL SURVEY OF INDIA, THRISSUR CIRCLE
THRISSUR.
BY ADV. SRI.DINESH R.SHENOY
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
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1. PUTHUMANA KESAVAN
S/O. KUTTIKRISHNA MENON, MATHIALAKAM HOUSE
MARUTHOOR.P.O, PATTAMBI, PALAKKAD DISTRICT.
2. PATTAMBI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, PATTAM.P.O
PIN - 695 023
3. THE DIRECTOR
DIRECTOR OF ARCHEOLOGY, GOVERNMENT OF KERALA
SREEPADAM PALACE, FORT P.O.
THIRUVANANTHAPURAM-695 023.
R2 BY STANDING COUNSEL SRI.A.HAROON RASHEED
R1 BY ADV. SRI.K.JAJU BABU
BY ADV. SMT.M.U.VIJAYALAKSHMI
R3 BY GOVERNMENT PLEADER SRI PADMALAYAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20-03-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.NO.124/2012
APPENDIX
PETITIONER'S EXTS:
ANNEXURE-A1 TRUE PHOTOCOPY OF THE COMMUNICATION DTD. 30/9/2011 ISSUED
BY THE COMPETENT AUTHORITY TO THE IST RESPONDENT.
ANNEXURE-A2 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DESPATCH
REGISTER MAINTAINED BY THE COMPETENT AUTHORITY UNDER AMASR (A&V) ACT.
True Copy
P.S. TO JUDGE.
HARUN-UL-RASHID,J.
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R.P. NO. 124 OF 2012 IN
W.P.(C).NO.23444 OF 2011
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DATED THIS THE 20TH DAY OF MARCH, 2012
O R D E R
National Monument Authority, the additional 3rd respondent in the writ petition, seeks review of the judgment dated 1/12/2011 in W.P.(C).No.23444/2011. This Court disposed of the writ petition directing the 2nd respondent to forward the application for NOC dated 9/2/2011 to the additional 3rd respondent, namely, National Monument Authority, within a period of ten days from the date of receipt of a copy of the judgment. This Court issued a further direction to the additional 3rd respondent to consider and pass appropriate orders on the application for NOC within a period of one month from the date of receipt of the application.
2. Writ Petition was disposed of before issuing notice to the review petitioner based on the statement submitted by the 2nd respondent to the effect that the application of the writ petitioner will be referred to the National Monument Authority. In the light of the stand taken by the 2nd respondent, writ petition was disposed of on the above lines.
3. Now the grievance of the review petitioner is that the application dated 9/2/2011 submitted by the writ petitioner had already -2- R.P.No.124/2012 been rejected and therefore the review petitioner is not in a position to consider and dispose of the application again. According to the review petitioner, direction was issued by this Court without noticing the fact that the application has already been rejected. It is pointed out that the review petitioner was added as a party only on the date of disposal of the writ petition and that the materials relevant for disposal of the writ petition could not be produced or placed on record on the said date. It is also pointed out that as evidenced from Annexure-A1 communication, even before passing the judgment the application submitted by the writ petitioner has been rejected on 30/9/2011 and communicated to the writ petitioner. Learned counsel for the review petitioner submits that suppressing the said fact the writ petition was filed seeking the directions.
4. In the aforesaid facts and circumstances of the case, this Court is of the view that the judgment under review is to be recalled. Accordingly, the review petition is allowed and the judgment under review is recalled.
Post W.P.(C).23444/2011 for hearing after vacation.
HARUN-UL-RASHID, JUDGE.
kcv.