M/S. Cochin Granites vs M/S. Cochin Granites
2021 Latest Caselaw 322 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

              RP.No.1022 OF 2020 IN WP(C). 27423/2020

 ORDER, DATED 09.12.2020 IN WP(C) 27423/2020(C) OF HIGH COURT OF
                             KERALA


REVIEW PETITIONER/6TH RESPONDENT:

             M/S. COCHIN GRANITES, VENGOLA WEST P.O., PERUMBAVOOR,
             ERNAKULAM DISTRICT, A PARTNERSHIP FIRM REPRESENTED BY
             ITS MANAGING PARTNER, M.D.KURIAKOSE, MADAPPALLIL
             HOUSE, PAZHANGANAD KARA, KIZHAKAMBALAM VILLAGE,
             KUNNATHUNADU TALUK, ERNAKULAM DISTRICT-683 554.

             BY ADV. SRI.ALEX.M.SCARIA

RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 5:

      1.     ANEESH V.S, AGED 37 YEARS, S/O.SATHYAN,
             VARVEELLKATHU HOUSE, WEST VENGOLA P.O, CHUNDAMALA,
             ERNAKULAM DISTRICT, -683 556.

      2.     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
             DEPARTMENT OF REVENUE, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

      3.     DIRECTOR OF MINING AND GEOLOGY, DEPARTMENT OF MING
             AND GEOLOGY, KEASAVADASAPURAM, PATTOM PALACE P.O,
             THIRUVANANTHAPURAM-695 004.

      4.     GEOLOGIST, ERNAKULAM DISTRICT,
             DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
             SEAPORT AIRPORT ROAD, KAKKANAD, ERNAKULAM-682 030.

             BY ADVS. SRI.S GOPINATHAN, SR GP
                      SRI.HARISH VASUDEVAN

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION            ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.1022/2020 IN WP(C)No.27423/2020

                                        -2-

                                  ORDER

Dated this the 6th day of January 2021

The review petition has been taken up for

consideration at the instance of the 6 th respondent.

This Court on 9.12.2020, directed the District

Collector to enquire as to the veracity of the

certificate issued by the Village Officer. The 6 th

respondent was not heard before passing such an

order. The 6th respondent has come up with a review

contending that the entire issue is covered by the

Division Bench judgment of this Court in

W.P.(C)No.35172 of 2018.

2. It is to be noted that it is only an interim

order and whether the issue is covered by the

Division Bench judgment or not can be decided at a

later stage. It is made clear that this Court only RP.No.1022/2020 IN WP(C)No.27423/2020

directed the District Collector to conduct an enquiry

and file a report before this Court. No other

direction has been issued other than to submit a

report.

Accordingly, clarifying the interim order as

above, the review petition is disposed of. The

question on res judicata in the light of the Division

Bench judgment is left open to be decided in the writ

petition at the time of final hearing. All other

grounds urged in the review petition are left open.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv