Kerala High Court
K.K.Hashim vs K.K.Hashim on 17 August, 2015
Author: A.V. Ramakrishna Pillai
Bench: A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
MONDAY,THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937
RP.No. 720 of 2015 (K)
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WP(C) 14907/2015 of THIS HONOURABLE COURT
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REVIEW PETITIOENRS/RESPONDENTS 2 &3 :
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1. K.K.SAINUDEEN, S/O PATHUTTY,
ROOM NO.12/791, NEAR QUALITY BAKERY,
CHIRAKKARA P.O., KANNUR DISTRICT-670104.
2. K.K. MANOHAR DAS,
S/O KUNMHIRAMAN NAIR, VAYHALIL HOUSE,
P.O. WEST PONNYAM, THALASSERY,
KANNUR DISTRICT-670 101.
BY ADVS.SRI.R.PARTHASARATHY
SMT.SEEMA
RESPONDENTS/PETITIONER AND RESPONDENTS 1 &4 :
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1. K.K.HASHIM, AGED 62 YEARS,
S/O MOIDEENKUTTY HAJI, THAQWA, NEAR ANGADI PALLY,
NEW MAHI-673 311, KANNUR DISTRICT.
2. THE SECRETARY
THALASSERY MUNICIPALITY, MUNICIPAL OFFICE,
THALASSERY-670 101, KANNUR DISTRICT.
3. RAHOOF P.P.,
S/O ABDUL RAHIMAN, SHUKKARBATH, CHIRAKKARA P.O.,
KANNUR DISTRICT-670 104.
BY SRI.C.P. PEETHAMBARAN
BY SRI.I.V.PRAMOD
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD
ON 17-08-2015, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
bp
RP.No. 720 of 2015 (K)
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A1: LEASE DEED DT 6/2/1994 EXECUTED BY THE 2ND REVIEW
PETITIONER.
ANNEXURE A2: LEASE DEED DT 5/11/1997 EXECUTED BY THE 2ND REVIEW
PETITIONER.
ANNEXURE A3: COPY OF ACERTIFICATE ISSUED BY ASSISTANT EXECUTIVE
ENGINEER OF PUBLIC WORK DEPARTMENT KANNUR
DT 19/10/2012.
ANNEXURE A4: PHOTOGRAPH OF THE SHOP ROOMS.
ANNEXURE A5: COPY OF THE PLAINT FILED BEFORE THE MUNSIFF COURT IN
O.S. 294/2013.
ANNEXURE A6: COPY OF THE APPLICATION FOR WITHDRAWAL OF THE SUIT.
ANNEXURE A7: COPY OF THE JUDGMENT PASSED BY MUNSIFF CORT,
THALASSERY IN OS 294/2013.
ANNEXURE A8: COPY OF THE RECEIPT FOR PAYMENT OF LICENSE FEE FOR
THE YEAR 2014-2015. ISSUED TO THE MOTHER OF THE 1ST
REVIEW PETITIONER, DT 1/3/2014.
ANNEXURE A9: COPY OF THE RECEIPT FOR PAYMENT OF LICENSE FEE FOR
THE YEAR 2014-15 DT 26/2/2014 ISSUED TO THE 1ST REVIEW
PETITIONER.
ANNEXURE A10: COPY OF THE ORDER PASSED IN IA 369 IN OS 96/2015.
ANNEXURE A11: COPY OF THE ORDER PASSED BY THE MUNSIFF COURT IN
IA 1046/2015 IN OS 156/2015 DT 10/3/2015.
ANNEXURE A12: COPY OF THE NOTICE RECEIVED BY THE PETITIONERS
DT 7/8/2015.
RESPONDENT'S ANNEXUES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
A.V. RAMAKRISHNA PILLAI, J.
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C.M.Appl.No.279 of 2015
&
W.P.(C) No.14907/2015 in
R.P.No.720 of 2015
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Dated this the 17th day of August, 2015.
ORDER
The review petition is filed at the instance of respondents 2 and 3 on the ground that the notice on the writ petition has not been served on them. I have verified the judges papers in W.P.(C) No.14907/2015. Though it is true that the notice has been ordered against the respondents by special messenger on 21.5.2015, it appears that the notice has been served only on first respondent and the service on R2 to R4 are incomplete. As the order impugned has been passed without affording the petitioner, an opportunity of being heard, the same has to be recalled.
In the light of the above, C.M.Application is allowed and the delay is condoned. The Review Petition is allowed and the judgment is recalled.
Post the writ petition for hearing.
Sd/-
A.V. RAMAKRISHNA PILLAI JUDGE Scl.