Kerala High Court
Yohannan Mathai vs P.Varghese Panicker on 18 November, 2013
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY,THE 10TH DAY OF JANUARY 2014/20TH POUSHA, 1935
RP.No. 1041 of 2013 (N)
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AGAINST THE JUDGMENT IN WP(C) 28131/2013 of HIGH COURT OF KERALA
DATED 18-11-2013
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REVIEW PETITIONER(S)/THIRD PARTIES:
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1. YOHANNAN MATHAI,
S/O.YOHANNAN KOCHUKALEECKAL VEEDU, CHITTAKODU MURI,
EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
2. CHINNAMMA,
W/O.MATHAI, KOCHUKALEECKAL VEEDU, CHITTAKODU MURI,
EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
3. MAMACHAN,
S/O.MATHAI, KOCHUKALEECKAL VEEDU, CHITTAKODU MURI
EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADV. SRI.SURESH KUMAR KODOTH
RESPONDENT(S)/PETITIONER & RESPONDENTS 1 TO 3:
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1. P.VARGHESE PANICKER,
PALAVILA THOTTATHIL, VENMANNUR, MARANADU P.O.
KOTTARACKARA, KOLLAM DISTRICT, PIN-601505.
2. THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM-691013.
3. THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
CIVIL STATION, KOLLAM-691013.
4. THE ADDITIONAL TAHSILDAR,
KOLLAM, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN-691506.
R1 BY ADV. SRI.LEGY ABRAHAM
R2-4 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10-01-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
RP.No. 1041 of 2013 (N)
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APPENDIX
PETITIONERS' ANNEXURES
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ANNEXURE I: TRUE COPY OF PLAINT IN OS.NO.565/2013 BEFORE THE MUNSIFFS
COURT, KOTTARAKKARA.
ANNEXURE II: TRUE COPY OF INTERIM ORDER OF INJUNCTION IN OS.NO.565/2013
BEFORE THE MUNSIFFS COURT, KOTTARAKKARA.
RESPONDENTS' ANNEXURE
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON J.
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R.P. No. 1041 of 2013
in
W.P.(C) No. 28131 of 2013
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Dated, this the 10th day of January, 2014
O R D E R
This review petition has been filed by the petitioners, after obtaining the leave of this Court, as per the order dated 19.12.2013 in I.A. No. 986 of 2013. The learned counsel for the review petitioners points out that the writ petitioner approached this Court, seeking for a direction to be given to the second respondent/Geologist to consider and finalize the application preferred by him for removal of soil from the property concerned in Survey No. 246/13 of Ezhukone village, within a reasonable time, which accordingly was ordered as per judgment dated 18.11.2013. But the writ petitioner did not bring it to the notice of this Court as to the pendency of the suit filed by the review petitioners before the Civil Court as O.S. No. 565 of 2013, as borne by Annexure 1 plaint and the interim order of injunction granted by the Civil Court, preventing the writ petitioner from removing the soil as per Annexure 2 order.
R.P. No. 1041 of 2014 in W.P.(C) No. 28131 of 2013 : 2 :
2. Heard the learned counsel appearing for the writ petitioner as well.
3. The learned Government Pleader submits that, in spite of the stop memo issued to the writ petitioner on 07.01.14, the writ petitioner continued the operation ignoring the same, when the concerned Village Officer was constrained to reach the spot on 08.01.14 and implemented the order.
4. After hearing both the sides, this Court finds that the review petitioners are justified in approaching this Court. In the said circumstances, the judgment passed by this Court on 18.11.2013 is recalled and the writ petition itself is caused to be heard as agreed by both the sides.
Review Petition stands allowed. No cost.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd