Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Kerala High Court

The Kerala State Co Operative ... vs P.D. Raphael on 26 February, 2015

Author: A.M. Shaffique

Bench: A.M.Shaffique

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

              THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

      FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938

                        RP.No. 464 of 2015
                        --------------------
                  OP 3414/2003 DATED 26-02-2015
                           ------------


REVIEW PETITIONER(S)/RESPONDENTS 1 AND 2:
----------------------------------------

          1. THE KERALA STATE CO OPERATIVE FEDERATION FOR FISHERIES
            DEVELOPMENT LTD.
           (MATSYAFED) KURAVANCONAM, TRIVANDRUM,
            REPRESENTED BY ITS MANAGING DIRECTOR.

          2. THE GENERAL MANAGER,
            THE KERALA STATE CO OPERATIVE FEDERATION FOR FISHERIES
            DEVELOPMENT LTD,
           (MATSYAFED) KURAVANCONAM, TRIVANDRUM.


            BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED

RESPONDENT(S)/PETITIONER AND 1ST RESPONDENT:
--------------------------------------------

          1. P.D. RAPHAEL,
            ICE MAN, MATSYAFED DISTRICT OFFICE, TRICHUR 680 001.

          2. STATE OF KERALA,
            REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
            SECRETARIAT, TRIVANDRUM - 695 001.

            R1 BY SMT.K.S.SANTHI
             R2 BY GOVERNMENT PLEADER SMT M.M JASMIN

       THIS REVIEW PETITION  HAVING BEEN FINALLY HEARD
       ON  18-11-2016, ALONG WITH  RP. 465/2015, RP. 466/2015,  THE
       COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.V.



                         A.M. SHAFFIQUE, J.
                      ===============
                R.P.Nos.464/2015 in OP No.3414/2003,
                  465/2015 in WP(C) No.4998/2004
                                  &
                    466/2015 in OP No.2944/2003
               ========================

             Dated this, the 18th day of November, 2016


                              O R D E R

These review petitions are filed by the respondents in the original petitions/writ petition seeking to review the common judgment. It is pointed out that the review petitioners did not get an opportunity for arguing the matter though the matter was heard and decided on merits. It is submitted that earlier standing counsel appearing in the matter had changed. Therefore, arrangements could not be made for engaging another standing counsel which resulted in the cases being decided without the assistance of respondents.

2. Having regard to the aforesaid factual situation, I am of the view that one more opportunity should be granted to the review petitioners for a proper hearing in the matter.

3. Accordingly, these review petitions are allowed. The R.P.Nos.464/15 in OP No.3414/03, 465/15 in WP(C) No.4998/2004 & 466/2015 in OP No.2944/2003 -:2:- common judgment dated 26/2/2015 in the above cases are recalled.

Post the original petitions/writ petition for hearing before appropriate court.

Sd/-

A.M. SHAFFIQUE, JUDGE Rp18/11/2016 //True Copy// P.S to Judge