Pattikkadan Mohammed vs Pattikkadan Mohammed
2021 Latest Caselaw 7252 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

       TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                RP.No.371 OF 2018(J) IN WP(C). 11896/2018

AGAINST THE JUDGMENT IN WPC 11896/2018 DATED 05-04-2018 OF HIGH COURT
                             OF KERALA

REVIEW PETITIONERS/RESPONDENTS 1 & 3:
       1      PATTIKKADAN MOHAMMED
              S/O.BEERAN,AGED 60 YEARS,PATTIKKADAN
              HOUSE,KURUMBATHOOR AMSOM,PUNNATHALA
              DESOM,NELLITHADAM,RANDATHANI.P.O,
              TIRUR TALUK, MALAPPURAM DISTRICT.

       2      SIDHIQUE
              S/O.MOHAMMED,AGED 43 YRS,THARAMMAL
              PUTHENPEEDIYEKKAL(H),KURUMBATHOOR AMSOM,PUNNATHALA
              DESOM,NELLITHADAM,RANDATHANAI.P.O,TIRUR TALUK,
              MALAPPURAM DISTRICT.
              BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS/PETITIONER & RESPONDENTS 2 & 4 TO 6:

       1      MOIDUTTY HAJI
              S/O.SAIDALAVI HAJI,VARIKOTTIL(H),KURUMBATHOOR
              AMSOM,PUNNATHALA
              DESOM,NELLITHADAM,RANDATHANI.P.O,TIRUR TALUK,
              MALAPPURAM DISTRICT, PIN-676 510.
       2      ASHARAF
              S/O.MOHAMMED,THARAMMAL
              PUTHENPEEDIYEKKAL(H),KURUMBATHOOR AMSOM,PUNNATHALA
              DESOM,NELLITHADAM,RANDATHANIL.P.O,TIRUR
              TALUK,MALAPPURAM DISTRICT,PIN-676 510.
       3      BEERANKUTTY
              S/O.SAIDALAVI HAJI,VARIKOTTIL(H),KURUMBATHOOR
              AMSOM,PUNNATHALA DESOM,
              NELLITHADAM,RANDATHANIL.P.O,TIRUR TALUK,MALAPPURAM
              DISTRICT,PIN-676 510.
       4      ATHAVANAD GRAMA PANCHAYATH
              ATHAVANAD POST,KARIPOL,MALAPPURAM DISTRICT,
              PIN-676 552, REPRESENTED BY ITS SECRETARY.
       5      THE DISTRICT COLLECTOR
              MALAPPURAM-675 505.

              R5 - SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.03.2021,
     THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P. No. 371/2018                            :2:
in W.P.(C) No. 11896/2018



                Dated this the 2nd day of March, 2021.

                                 ORDER

This Review Petition is filed by respondents 1 and 3 in the writ

petition seeking to review the judgment dated 05.04.2018 in W.P.(C)

No. 11896 of 2018. The directions issued in the said judgment read

thus:

"4. Having heard learned counsel for petitioner, learned Standing Counsel for the 5th respondent and learned senior Government Pleader for the 6th respondent, if any coercive action is contemplated by respondents 5 and 6 through the property of the petitioner, same shall be kept in abeyance for a period of two months. This is to enable the petitioner to issue a notice under section 80 CPC and seek appropriate relief either in the pending suit or fling a fresh suit making all the respondents herein as parties."

2. According to the Review Petitioners, the said direction issued

has materially affected the rights of the Review Petitioners and that

they were not heard in the writ petition before passing the afore

directions.

3. However, fact remains, the period granted by this Court by

virtue of Section 80 of the Code of Civil Procedure is already over and

at this distance of time, it can never be presumed that anything

in W.P.(C) No. 11896/2018

survives to be considered in this Review Petition.

4. The learned counsel for the review petitioner was also of the

opinion that there is no inhibition now standing in the way of the

Review Petitioner.

Accordingly, this Review Petition is closed.

sd/-

SHAJI P. CHALY, JUDGE.

Rv