P.Theji vs The Aryad Grama Panchayath
2021 Latest Caselaw 7313 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.31 OF 2019 IN WP(C). 27678/2015

  AGAINST THE JUDGMENT DATED 22.11.2018 IN WP(C) 27678/2015(H) OF HIGH
                          COURT OF KERALA


REVIEW PETITIONER/PETITIONER:

              P.THEJI
              AGED 59 YEARS
              S/O. LATE PRABHAKARAN,
              SUMAPRABHA BHAVAN,
              AVALOOKKUNNU P.O., ALAPPUZHA.

              BY ADVS.
              SRI.B.PRAMOD
              SMT.R.REJI (ATTINGAL)

RESPONDENTS/RESPONDENTS:

       1      THE ARYAD GRAMA PANCHAYATH
              PANCHAYATH OFFICE,
              AVALOOKKUNNU P.O,
              ALAPPUZHA- 688 006,
              REP. BY ITS SECRETARY.

       2      THE SECRETARY,
              ARYAD GRAMA PANCHAYATH,
              AVALOOKKUNNU P.O,
              ALAPPUZHA - 688 006.

       3      PONNAN,
              THE CONVENER,
              C.I.T.U THALAVADI UNIT,
              AVALOOKKUNNU P.O.,
              APLAPPUZHA - 688 006.

              R2 BY ADV. SRI.S.SANAL KUMAR
              R2 BY ADV. SMT.BHAVANA VELAYUDHAN
              R2 BY ADV. SMT.T.J.SEEMA

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02.03.2021, THE
     COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P. No. 31/2019
in W.P.(C) No. 27678/2015           :2:

              Dated this the 2nd day of March, 2021.

                               ORDER

This Review Petition is filed by the petitioner in the writ petition

seeking to review the judgment dated 22.11.2018 in W.P.(C) No.

27678 of 2015. In fact, a direction was issued by this Court to the

Secretary of the Aryad Grama Panchayat to consider and dispose of

Ext. P4 application submitted by the petitioner in regard to the shed

constructed by the third respondent by the side of the PWD road.

2. The Review Petition is now filed by the writ petitioner

submitting that in fact the Panchayat has passed an order on

15.10.2015 in the application filed by the Review Petitioner directing

him to approach the Public Works Department, since the shed in

question is situated by the side of PWD road. In fact, the direction

issued by this Court to consider Ext. P4 was no more available, in the

light of the order passed by the Secretary of the Grama Panchayat on

15.10.2015.

3. The learned counsel for the review petitioner submitted that

before the disposal of the writ petition, he has filed an application to

receive the order dated 15.10.2015 passed by the Secretary along

with a petition for impleading the concerned PWD Engineer. However, R.P. No. 31/2019

the Registry has noted certain defects and therefore, the petition was

not before this Court, when the direction was issued.

4. Taking into account the said aspect and the submission made

by the learned counsel for the review petitioner that he is intending to

amend the writ petition consequent to the order dated 15.10.2015, I

think, there was an error apparent on the face of the record, when the

writ petition was disposed of directing the Secretary to take a decision

in a proceeding which was not pending before the said authority.

Accordingly, the Review Petition would stand allowed.

Registry is directed to post the writ petition in accordance with

roaster.

sd/-

SHAJI P. CHALY, JUDGE.

Rv