Kerala High Court
C.Rajan vs The District Collector on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
RP NO. 100 OF 2019
AGAINST THE JUDGMENT IN WP(C) NO.32669/2018 DATED
08.10.2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD PARTY:
SURESH
AGED 51 YEARS
S/O.CHAMIYAR, KOZHINJILPARAMBU, KATTUKODE,
VADAKKENCHERY, ALATHUR, PALAKKAD.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:
1 C.RAJAN,
AGED 70 YEARS, S/O.CHAMI, MOOLAMKODE HOUSE,
VADAKKE GRAMAM, PUTHUKKODE, VADAKKENCHERRY,
ALATHUR, PALAKKAD-678687.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, PALAKKAD, KERALA-678001.
3 THE TAHSILDAR (LAND REVENUE),
TALUK OFFICE, ALATHUR, PALAKKAD-678541.
4 THE VILLAGE OFFICER,
VADAKKENCHERRY-I VILLAGE, ALATHUR TALUK,
PALAKKAD-678683.
BY ADVS.
SRI.S.ABHILASH
SMT.S.SEETHA
SMT.RENY ANTO
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, ALONG WITH WP(C).32669/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.100/2019
& W.P.(C) No.32669/2018 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 32669 OF 2018
PETITIONER:
C.RAJAN
AGED 70 YEARS
S/O.CHAMI, MOOLAMKODE HOUSE, VADAKKE GRAMAM,
PUTHUKKODE, VADAKKANCHERRY, ALATHUR TALUK,
PALAKKAD DISTRICT, PIN 678 687.
BY ADVS.
S.ABHILASH
PRATHEESH.P
S.SEETHA
RENY ANTO
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PALAKKAD, KERALA-678 001.
2 THE TAHSILDAR (LAND REVENUE)
TALUK OFFICE, ALATHUR, PALAKKAD, PIN-678541.
3 THE VILLAGE OFFICER
VADAKKANCHERRY-I VILLAGE, ALATHUR TALUK,
PALAKKAD, PIN-678683.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, ALONG WITH RP.100/2019, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.100/2019
& W.P.(C) No.32669/2018 3
ALEXANDER THOMAS, J.
----------------------------------------------
R.P. No.100 of 2019
[arising out of the impugned judgment dated 08.10.2018
in W.P.(C) No.32669/2018]
&
W.P.(C) No.32669 of 2018
-----------------------------------------------
Dated this the 08th day of July, 2021
ORDER/JUDGMENT
Aforecaptioned review petition has been filed by a third party
to the writ petition seeking for review and recall of the impugned
judgment dated 08.07.2018 rendered by this Court in W.P.(C)
No.32669/2018 filed by the 1st respondent herein.
2. The main ground in the Review Petition is that the same
has been filed by a third party in the above writ petition (civil),
stating that the present writ petition has been filed on 05.10.2018,
without disclosing the vital and highly crucial factual aspects
regarding the dismissal of W.P.(C) No.25512/2018 filed by the very
same writ petitioner herein, which sought directions from this
Court for police protection for measurement and survey of the
subject property, etc.
3. Heard Sri.P.B. Krishnan, learned counsel appearing for
R.P. No.100/2019
the review petitioner/third party, Sri.S.Abhilash, learned counsel
appearing for the writ petitioner/1st respondent in the review
petition and Sri.Saigi Jacob Palatty, learned Senior Government
Pleader appearing for respondents 1-3 in the writ
petition/respondents 2-4 in the review petition.
4. Today when the matter has been taken up for
consideration Sri.S.Abhilash, the learned counsel appearing for the
writ petitioner/1st respondent in the review petition, would submit
on the basis of instructions of his party that leave may be granted to
the writ petitioner to withdraw the abovesaid W.P.(C)
No.32669/2018 with liberty to him to file a fresh writ petition
(civil), on the subject matter after stating all the relevant factual
aspects of this case and after impleading the review petitioner as
well, etc.
5. Sri.P.B. Krishnan, the learned counsel appearing for the
review petitioner has no serious objection to this course of action,
provided that this Court recalls the impugned judgment dated
08.10.2018, rendered in the present W.P.(C) No.32669/2018 and
dismisses the said writ petition and that in case this Court is
inclined to grant liberty to the petitioner, then it may be made clear
R.P. No.100/2019
that it shall be only after disclosure of all relevant information in
such writ proceedings and also after impleading the review
petitioner as an additional respondent in those proceedings.
6. Accordingly it is ordered that the impugned judgment
dated 08.1.2018, rendered by this Court in W.P.(C) No.32669/2018
will stand recalled. Further it is ordered that W.P.(C)
No.32669/2018 will stand dismissed as withdrawn with liberty of
the petitioner to work out his remedies in the manner known to law,
but subject to the condition that the petitioner shall state all
relevant factual aspects in the matter in such proceedings and after
impleading the present review petitioner as an additional
respondent in this case.
With these observations and directions, the review petition
will stand disposed of and the writ petition (civil) will stand
dismissed as withdrawn with the said liberty.
Sd/-
ALEXANDER THOMAS,
JUDGE
Skk//14072021
R.P. No.100/2019
APPENDIX OF WP(C) 32669/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF LAND TAX RECEIPT ISSUED
IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE COMMON JUDGMENT IN
OS NO.87/2012 AND 97/2012.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED
19.5.2009.
EXHIBIT P4 A TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 27.10.2009.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 31.7.2018.
EXHIBIT P7 A TRUE COPY OF CHALLAN DATED 1.8.2018
SHOWING REMITTANCE OF RS.480/-.
R.P. No.100/2019
APPENDIX OF RP 100/2019
RESPONDENT ANNEXURE
ANNEXURE A TRUE COPY OF THE PETITION FOR
IMPLEADING IN WPC.NO.25512/2018 ON THE
FILE OF THE HON'BLE COURT.
