Kerala High Court
Jithesh N.E vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
RP NO. 477 OF 2024
[AGAINST THE JUDGMENT DATED 16.04.2024 IN WP(C) NO.15420
OF 2024 OF HIGH COURT OF KERALA]
REVIEW PETITIONERS/PETITIONER:
JITHESH N.E.
AGED 43 YEARS
S/O KRISHNAN NAMBOOTHIRI, AGED 43 YEARS,
MANGALASSERY ILLAM, POST PERUVALLUR, KONDOTTY,
MALAPPURAM DISTRICT, PIN - 673638
BY ADVS.
MEENA.A.
VINOD RAVINDRANATH
K.C.KIRAN
M.R.MINI
M.DEVESH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
NIVEDHITHA PREM.V
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF
INDUSTRIES, THIRUVANANTHAPURAM, PIN - 695001
2 THE SUB COLLECTOR,
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
3 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY, MINI CIVIL STATION, MANJERI P.O.,
MALAPPURAM DISTRICT, PIN - 676121
4 THE VILLAGE OFFICER,
PERUVALLUR, MALAPPURAM DISTRICT, PIN - 673638
5 PERUVALLOR GRAMA PANCHAYAH
REPRESENTED BY ITS SECRETARY, POST PERUVALLUR,
PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN -
673638
6 THE SECRETARY
PERUVALLUR GRAMA PANCHAYATH, POST PERUVALLUR,
PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN -
673638
R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024
:-2-:
OTHER PRESENT:
SRI.V.VENUGOPAL , G.P.
THIS REVIEW PETITION HAVING COME UP FOR
ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024
:-3-:
O R D E R
The review petitioner/writ petitioner filed this review petition seeking review of the judgment dated 16.04.2024 in W.P(C) No.15420/2024 contending that at the time of hearing of the matter, certain relevant points could not be raised before this Court. It is also contended that the monsoon is fast approaching and if the digging and renovation of the ponds are not finished immediately, petitioner will be put to serious prejudice.
2. Heard the learned counsel for the review petitioner and the respondents.
3. When the matter came up for admission today, both sides agreed that modification of the judgment is required.
4. Considering the facts and circumstances of the case, this Court is of the view that the review petition has to be allowed.
R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024 :-4-:
Accordingly, the review petition is allowed. The judgment dated 16.04.2024 is recalled and W.P(C) is restored to file.
Post the writ petition on 03.05.2024 before appropriate court.
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE MBS/