Citation : 2021 Latest Caselaw 22375 Ker
Judgement Date : 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
RP NO. 770 OF 2021
TO REVIEW THE JUDGMENT DATED 11.10.2021 IN WP(C) 18193/2021 OF HIGH COURT
OF KERALA, ERNAKULAM
REVIEW PETITIONERS/RESPONDENTS NO.3,5 AND 7:
1 ANTONY THOMAS @ MANAKKUZHI SIBY, MANAKKUZHI HOUSE,
VELLIKKULAM PO, MARMALA, KOTTAYAM DIST. -686 580.
2 CELIN ANTONY, MANAKKUZHI HOUSE, VELLIKKULAM PO, MARMALA,
KOTTYAM DIST. -686 580.
3 THOMAS KURIAN, VALLIYAMTHADATHIL HOUSE, VELLIKKULAM PO,
MARMALA, KOTTAYAM DIST. -686 580.
BY ADVS.K.S.ARUN KUMAR
RAJEE P MATHEWS
BINDU MOHAN
AMRUTHA P S
VIJAY SANKAR V.H.
SRUTHY UNNIKRISHNAN
RESPONDENT/PETITIONER & RESPONDENTS 1,2,4 AND 6:
1 THRESSIAMMA, AGED 58 YEARS, D/O DEVASSIA,
VALLIYAMTHADATHIL HOUSE, MARMALA, VELLIKKULAM PO, POONJAR
VADAKKEKKARA VILLAGE, MARMALA,
KOTTAYAM DISTRICT - 686 580.
2 THE STATION HOUSE OFFICER, ERATTUPETTA POLICE STATION,
KOTTAYAM DISTRICT, PIN-686 121.
3 KURIAN KURIAN @ JOY, VALLIYAMTHADATHIL HOUSE, MARMALA,
VELLIKKULAM PO, POONJAR VADAKKEKKARA VILLAGE, MARMALA,
KOTTAYAM DISTRICT -686 580.
4 KURIAN @ POTTAMPLACKAL BABY, POTTAMPLACKAL HOUSE,
VELLIKKULAM PO, MARMALA, KOTTAYAM DIST -686 580.
5 ITHA @ MOLY, POTTAMPLACKAL HOUSE, VELLIKKULAM PO, MARMALA,
KOTTAYAM DIST -686 580.
BY ADVS.SRI.GEORGE SEBASTIAN,
SRI.E.C.BINEESH - GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP NO.770/2021 in W.P.(C)No.18193/2021
-2-
ORDER
This petition, seeking review of the judgment
of this Court, dated 11.10.2021, has been filed
by the petitioners explaining that when the said
judgment was delivered, their counsel was unable
to enter the video conferencing due, to a
technical snag. They point out that, therefore,
the record in the judgment, that there was no
appearance on their behalf, is not accurate and
thus prayed that the same be recalled and the
matter be heard on its merits, especially because
their learned counsel had, in fact, lodged her
Vakkalath on their behalf before this Court much
earlier.
2. On hearing Smt.Rajee P.Mathews - learned
counsel for the petitioners as afore, I asked her
on the merits of the allegations made by the writ
petitioners against her clients, to which, she RP NO.770/2021 in W.P.(C)No.18193/2021
responded by saying that they have not committed
any act, as has been alleged in the writ petition
and further that they have been unnecessarily
implicated in the same by the writ petitioner, for
confutative reasons.
3. When I hear Smt.Rajee P.Mathews as afore,
it is clear that, apart from the record of her
non-appearance on behalf of the petitioners
herein, no other modification is required to the
judgment, because I had left full liberty on the
party respondents to invoke all their remedies, as
they are entitled to in law, if it becomes so
warranted.
In the afore circumstances, I dispose of this
review petition, recording the submissions of the
petitioners herein that their learned counsel was
unable to appear on 11.10.2021, only on account of
the technical snag and for no other reason. RP NO.770/2021 in W.P.(C)No.18193/2021
Needless to say, the directions in the
judgment will remain unaltered; though, the
petitioners herein are given full liberty to
invoke and pursue any remedy that may be required
against the writ petitioner, in terms of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv RP NO.770/2021 in W.P.(C)No.18193/2021
APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE MASS PETITION NIL DATED SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, ERATTUPETTA.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
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