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Kerala High Court

The Manager S.A.B.T.M.L.P.School vs State Of Kerala on 19 December, 2016

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

      THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      MONDAY, THE 27TH DAY OF MARCH 2017/6TH CHAITHRA, 1939

                     RP.No. 284 of 2017 ()
                      ---------------------
         JUDGMENT IN WP(C) 40404/2016  DATED 19-12-2016.
                            ........

REVIEW PETITIONERS/PETITIONERS:
--------------------------------

     1.    THE MANAGER S.A.B.T.M.L.P.SCHOOL,
           S.A.B.T.M.L.P.SCHOOL, RANDARKKARA PO.,
           MUVATTUPUZHA - 686673.

     2.    SAMEENA.U.M,
           LOWER PRIMARY SCHOOL ASSISTANT,
           S.A.B.T.M.L.P.SCHOOL, RANDARKKARA PO.,
           MUVATTUPUZHA - 686673.


            BY ADV. SRI.M.A.FAYAZ

RESPONDENTS/RESPONDENTS:
------------------------

     1.    STATE OF KERALA, REPRESENTED BY
           SECRETARY TO THE GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.

     2.    DEPUTY DIRECTOR OF EDUCATION,
           CIVIL STATION, KAKKANAD,
           ERNAKULAM - 682035.

     3.    ASSISTANT EDUCATIONAL OFFICER,
           MUVATTUPUZHA - 686673.

     4.    DISTRICT EDUCATIONAL OFFICER,
           MUVATTUPUZHA  - 686673.


           BY GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE

       THIS REVIEW PETITION  HAVING COME UP FOR ADMISSION
       ON 27-03-2017, THE COURT ON THE SAME DAY PASSED THE
       FOLLOWING:
mbr/

RP.No. 284 of 2017 ()
---------------------

                           APPENDIX


PETITIONERS' ANNEXURES:

ANNEXURE 1 :    CERTIFIED COPY OF JUDGMENT DATED 19.12.2016 IN
                WPC.NO.40404/2016 OF THIS HON'BLE COURT.

ANNEXURE 2 :    PHOTOCOPY OF THE PROCEEDINGS OF THE
                3RD RESPONDENT DATED 30.11.2016.

ANNEXURE 3 :    PHOTOCOPY OF THE LETTER DATED 21.1.2017
                ADDRESSED TO THE 1ST RESPONDENT BY THE
                2ND PETITIONER.


RESPONDENTS' ANNEXURES:         NIL.


                                           //TRUE COPY//


                                           P.S. TO JUDGE
mbr/



                A.K.JAYASANKARAN NAMBIAR, J.
              .............................................................
                             R.P.No.284 of 2017
                                           in
                    W.P.(C).No.40404 of 2016
              .............................................................
             Dated this the 27th day of March, 2017


                                    O R D E R

The writ petitioners 1 and 2 in W.P.(C).No.40404 of 2016 are the review petitioners herein. In the review petition, it is pointed out that, while the writ petition was disposed with a direction to the respondents to consider a revision petition that was preferred by them challenging Ext.P3 order, subsequent to the judgment, it was noticed that the mistake in Ext.P3 order, against which the revision petition was filed by the petitioners, has since been rectified in favour of the petitioners. It is stated that consequently, it is not necessary to pursue the revision petition before the respondents and the petitioners seek to have the judgment dated 19.12.2016 recalled since there is no necessity for pursuing the revision petition.

2. I have heard the learned counsel appearing for the review petitioners as also the learned Government Pleader appearing for -2- R.P.No.284 of 2017 in W.P.(C).No.40404 of 2016 the respondents.

Taking note of the submission of the learned counsel for the review petitioners, and finding that, the review petitioners do not wish to pursue the revision petition, which was directed to be disposed by the judgment impugned in the review petition, the review petition is allowed by recalling the judgment dated 19.12.2016 in W.P.(C).No.40404 of 2016 and dismissing the writ petition as infructuous.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/27.03.17