Kerala High Court
James Philip vs James Philip on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
RP.No.189 OF 2021 IN WA. 1343/2020
FOR REVIEWING THE ORDER DATED 13.01.2021 IN C.M.APPLN
NO.1/2020 IN WA 1343/2020 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT IN W.A:
JAMES PHILIP
AGED 58 YEARS
S/O. LATE K.J PHILIP, RETIRED AS HSA(MATHS) FROM
MAR ATHANASIOUS HIGH SCHOOL, NEDUMBASSERY,
RESIDING AT KALAPPURAYIL HOUSE, KIZHAKOMBU P.O,
KOOTHATTUKULAM 686 662
BY ADVS.
SRI.JAMES ABRAHAM (VILAYAKATTU)
SRI.P.BALAN (VYTTILA)
RESPONDENTS/APPELLANTS & 2ND RESPONDENT IN W.A:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695
001
2 DEPUTY DIRECTOR,
DIRECTORATE OF DEPUTY DIRECTOR OF EDUCATION,
EERNAKULAM 682 030
3 THE DISTRICT EDUCATIONAL OFFICER,
ALWAYE 682 106
4 THE MANAGER,
MAR ATHANASIOUS HIGH SCHOOL, NEDUMBASSERY,
ATHANI P.O, ALWAYE 682 106
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RP.No.189 OF 2021
IN WA. 1343/2020
BY GOVERNMENT PLEADER SRI.A.J. VARGHESE
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RP.No.189 OF 2021
IN WA. 1343/2020
ORDER
A.K.Jayasankaran Nambiar, J.
This Review Petition has been filed for reviewing the order dated
13.01.2021 of this Court in C.M.Application No.1 of 2020 in WA.No.1343
of 2020. By the said order, this Court after considering an application
for condonation of delay preferred by the State, condoned the delay after
being satisfied that cause had been shown by the appellant for
condoning the delay of 612 days in filing the Writ Appeal. It needs to be
noticed at this stage that, notice in the application for condonation of
delay was ordered on 04.11.2020 and the delay condonation application
came up for consideration before this Court on 13.01.2021. Although
notice in the delay condonation application was taken on 04.11.2020 by
the learned counsel appearing for the review petitioner, no objections
were filed to the delay condonation application, nor did he appear before
this court on 13.01.2021, on which day the delay was condoned.
Thereafter, till 18.01.2021,when the matter was posted for admission, no
steps were taken to prefer a Review Petition against the order passed
condoning the delay. When the matter came up for admission on
18.01.2021, this Court admitted the Writ Appeal and also granted an
RP.No.189 OF 2021
IN WA. 1343/2020
interim stay of the operation of the judgment impugned in the Writ
Appeal. The stay granted came up for extension on 17.02.2021 and on
that day, the interim order of stay was extended by a further period of
two months and the Writ Appeal itself posted for disposal in the week
beginning 01.03. 2021. It is while so, that the review petitioner, who was
present on the date when the Writ Appeal was admitted and the stay
granted, and also when the stay order came up for extension, has chosen
to file this Review Petition on 25.02.2021.
Considering the fact that the review petitioner had not chosen to
file any objections to the delay condonation application or appear before
this Court on the date when the delay condonation application came up
for consideration and further, did not chose to prefer any review against
the order dated 13.01.2021 immediately thereafter, and on the other
hand, participated in the proceedings before this Court when the Writ
Appeal came up for admission and for extension of the interim order
thereafter, We are of the view that the present Review Petition is nothing
but an abuse of the process of Court presumably with an intention to
delay further proceedings in the Writ Appeal. It is trite that a Review
Petition cannot be entertained in respect of an order that has already
RP.No.189 OF 2021
IN WA. 1343/2020
been given effect to, and has entailed further proceedings in the main
Writ Appeal. Accordingly, we see no reason to entertain the Review
Petition, and the same is dismissed. We also deem it appropriate to
impose costs of Rs.5,000/- on the review petitioner. The petitioner shall
pay this amount to the account of the Kerala Legal Services Authority
within two weeks from today and produce proof of such remittance
before the registry.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
GOPINATH P.
JUDGE
mns/03.03.2021
RP.No.189 OF 2021
IN WA. 1343/2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED 15-11-
2019 IN W.P(C) NO. 29425/2019
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
