Benazeer Riyas vs E.Sukumaran
2021 Latest Caselaw 3965 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                 RP.No.54 OF 2021 IN WP(C). 1980/2020




REVIEW PETITIONER:

               BENAZEER RIYAS
               AGED 40 YEARS
               S/O.KUNHAYAN KUTTY, RIYAS MANZIL HOUSE,
               NADUVANNU POST, KOZHIKODE.

               BY ADV. SRI.P.DEEPAK

RESPONDENTS:

      1        E.SUKUMARAN
               EDATHIL HOUSE, MELMURINGODI P.O.,
               THALASSERY, KANNUR-670 673.

      2        THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
               VADAKARA, MINI CIVIL STATION,
               VADAKARA, KOZHIKODE-673 101.

               SMT.MABLE C KURIAN, GOVERNMENT PLEADER

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION           ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P.No.54 of 2021                2




                   RAJA VIJAYARAGHAVAN V, J
                    --------------------------------
                             R.P.No.54 of 2021
                                      in
                         W.P.(C) No.1980 of 2020
                     -------------------------------
              Dated this the 3rd day of February, 2021


                                 ORDER

The instant Review petition is filed seeking to recall and review

Annexure A1 judgment passed by this Court in W.P.(C) No.1980 of 2020.

2. I have heard Sri.P.Deepak, the learned counsel appearing for

the petitioner and Sri.O.D.Sivadas who represents Sri.G.Prabhakaran, the

learned counsel appearing for the respondents.

3. It appears that the judgment under review was passed based on the

judgment cited by the petitioner in W.P.(C) Nos. 4475 of 2004 and 15526

of 2008. Sri.P.Deepak, the learned counsel appearing for the petitioner

submits that a Division Bench of this Court in W.A.No.2071 of 2008 had

declared in unambiguous terms that law laid down by the Single Bench of

this Court in W.P.(C) No.4475 of 2004 has not laid down the correct legal

position. In that view of the matter, there appears to be considerable merits

in the submissions of the Review Petitioner.The judgment dated 7.9.2020 in

W.P.(C) No.1980 of 2020 is recalled.

Tag W.P.(C).No.1980 of 2020 along with W.P.(C) No.26436 of 2020

and post on 11.2.2021.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE Sru

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 07/09/2020 IN W.P.(C).NO.1980 OF 2020

ANNEXURE A2 A TRUE COPY OF THE JUDGMENT DATED 05/11/2009 IN WRIT APPEAL NO.2071 OF 2008

ANNEXURE A3 A TRUE COPY OF THE JUDGMENT DATED 25/08/2008 IN W.P.(C) NO.25490 OF 2008

ANNEXURE A4 A TRUE COY OF THE INTERIM ORDER DATED 01/12/2020 IN W.P.(C) NO.26436 OF 2020