Tholur Grama Panchayat vs Omana
2021 Latest Caselaw 9867 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

  WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA,
                           1943

          RP.No.108 OF 2021 IN WP(C). 18057/2020

AGAINST THE ORDER/JUDGMENT IN WP(C) 18057/2020(F) OF HIGH
                     COURT OF KERALA


REVIEW PETITIONERS:

     1     THOLUR GRAMA PANCHAYAT
           REPRESENTED BY ITS SECRETARY, DOOR NO. 459,
           KOLATHAD ROAD, THOLUR, PARAPPUR, KERALA -680
           552, THRISSUR DISTRICT.

     2     THE SECRETARY, THOLUR GRAMA PANCHAYAT, DOOR
           NO. 459, KOLATHAD ROAD, THOLUR, PARAPPUR,
           KERALA 680 552, THRISSUR DISTRICT.

           BY ADV. SRI.P.C.SASIDHARAN

RESPONDENTS:

     1     OMANA, AGED 53 YEARS, W/O. SASI,
           KUNNATHUPARAMBIL HOUSE, MUKUNDAPURAM TALUK,
           PULLURE DESOM, THRISSUR DISTRICT-680 001

     2     THE STATE OF KERALA, REPRESENTED BY SECRETARY
           TO GOVERNMENT, LOCAL SELF GOVERNMENT
           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
           695 001


           S GOPINATHAN SR GP

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 RP.No.108 OF 2021 IN WP(C). 18057/2020

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                                ORDER

Dated this the 24th day of March 2021 This review petition was filed by the

Panchayat. The main ground urged is that the

judgment was rendered without hearing the

Panchayat, though notice was served on the

Secretary of the Panchayat. The learned counsel

for the Panchayat submits that he had filed

vakkalth, however it was not noticed by the

Registry. It is further submitted that this

Court passed the judgment relying on Rule 10 of

the Kerala Panchayat Building Rules, 2019, which

has no relevance and the matter squarely comes

under Rule 5 of the Kerala Panchayat Building

Rules. In view of the facts and circumstances

of the case, I am of the view that the judgment

has to be reviewed and the writ petition has to

be restored to file. Accordingly, the review

petition is allowed and the writ petition is RP.No.108 OF 2021 IN WP(C). 18057/2020

..3..

restored to file. Post the writ petition before

appropriate Court as per roster.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR