R.P.NOS.561 & 659 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
RP.No.561 OF 2020 IN WP(C). 4550/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 4550/2020(P) OF HIGH COURT
OF KERALA
REVIEW PETITIONER/S:
1 KERALA STATE WAREHOUSING CORPORATION PENSIONERS'
ASSOCIATION REPRESENTED BY ITS SECRETARY SRI
CHANDRAKANTH, AGED 65 YEARS, S/O. LATE T.K NAIR,
SITHARA, THYKOODAM, VYTTILA, ERNAKULAM DISTRICT
682 019 (RETD SR. ASSISTANT MANAGER OF KERALA STATE
WAREHOUSING CORPORATION)
2 A. SASIDHARAN,
AGED 70 YEARS
S/O. LATE BHAHULEYA MENON, RETD. ZONAL MANAGER,
KERALA STATE WAREHOUSING CORPORATION, RESIDING AT
POURNAMI, INDIRA NAGAR, KADAVANTHRA, ERNAKULAM
DISTRICT 682 020
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.N.R.REESHA
SMT.T.S.LIKHITHA
RESPONDENT/S:
1 KERALA STATE WAREHOUSING CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, P.B NO. 1727,
ERNAKULAM DISTRICT, KOCHI 682 016
2 KERALA STATE WAREHOUSING CORPORATION,
EMPLOYEES PENSION AND OTHER RETIREMENT BENEFITS
FUND TRUST, REPRESENTED BY ITS CHAIRMAN, P.B NO.
1727, ERNAKULAM DISTRICT, KOCHI 682 016
3. KERALA STATE WAREHOUSING CORPORATION OFFICERS'
ORGANIZATION, REG. NO.EKM/TC/573/2016, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, SRI.DILEEP KUMAR,
682016
R.P.NOS.561 & 659 OF 2020
2
R1-2 BY SRI.MAJNU KOMATH, SC, K.S.W.C.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.01.2021, ALONG WITH RP.659/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
R.P.NOS.561 & 659 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
RP.No.659 OF 2020 IN WP(C). 4625/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 4625/2020(C) OF HIGH COURT
OF KERALA
REVIEW PETITIONER/S:
M.SADASIVAN
AGED 75 YEARS
(RETIRED GODOWN KEEPER, KERALA STATE WAREHOUSING
CORPORATION, THRIPPUNITHURA, ERNAKULAM DISTRICT),
SARASWATHI NIVAS, KALARICKAL LANE, A.R.R.A 33,
VAIKOM ROAD, TRIPPUNITHURA.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
RESPONDENT/S:
1 KERALA STATE WAREHOUSING CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, P.B. NO 1727,
ERNAKULAM DISTRICT, KOCHI-682 016
2 THE CHAIRMAN,
KERALA STATE WAREHOUSING CORPORATION, EMPLOYEES'
PENSION AND OTHER RETIREMENT BENEFITS FUND TRUST,
P.B. NO 1727, ERNAKULAM DISTRICT, KOCHI-682 016.
R1-2 BY SRI.MAJNU KOMATH, SC, K.S.W.C.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.01.2021, ALONG WITH RP.561/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
R.P.NOS.561 & 659 OF 2020
4
ORDER
Dated this the 5th day of January 2021 These Review Petitions are filed producing a document- Annexure-A1 Trust Deed which according to the Review Petitioners were not available during the pendency of the Writ Petition.
2. At the same time the respondents have filed a counter affidavit stating that the Trust Deed on the basis of which Review Petition is filed was available with the petitioners, since they got it under the Right to Information Act in the year 2018 itself. It is also their case that the said Trust Deed is invalid. At any rate the judgment was rendered without referring to any such Trust Deed. I do not find any valid ground for reviewing the judgment based on such a document.
I therefore dismiss the Review Petitions. It is made clear that the dismissal would not stand in the way of petitioners seeking remedies if any available to them on the basis of the documents which they have produced along with the Review Petitions.
Sd/-
P.V.ASHA rkc JUDGE R.P.NOS.561 & 659 OF 2020 5 APPENDIX OF RP 561/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE TRUST DEED DATED 22.04.2003 EXECUTED BETWEEN THE KERALA STATE WAREHOUSING CORPORATION, 1ST RESPONDENT, AND THE COMMITTEE OF TRUSTEES ANNEXURE A2 TRUE COPY OF THE LETTER AGRI-PU2/169/2017-
AGRI DATED 04-10-2018 SENT TO THE RESPONDENT.
ANNEXURE A3 TRUE COPY OF ENGLISH TRANSLATION OF ANNEXURE A1 LETTER AGRI-PU2/169/2017-AGRI DATED 04-10-2018 SENT TO THE RESPONDENT. R.P.NOS.561 & 659 OF 2020 6 APPENDIX OF RP 659/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE RELEVANT EXTRACT OF TRUST DEED EXECUTED BETWEEN THE FIRST RESPONDENT AND THE COMMITTEE OF TRUSTEES CONSTITUTED UNDER REGULATION 3 (3) OF THE KERALA STATE WAREHOUSING CORPORATION EMPLOYEES (PENSION AND OTHER RETIREMENT BENEFITS) REGULATIONS, 1998 ANNEXURE 11 TRUE COPY OF THE GOVERNMENT LETTER NO AGRI-
PU2/169/2017/AGRI DATED 4.10.2018 ANNEXURE 111 TRUE COPY OF THE GO (RT) NO 769/2020/AGRI DATED 14.9.2020