Kerala State Warehousing ... vs Kerala State Warehousing ...
2021 Latest Caselaw 217 Ker

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
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                                     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

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

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,

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