Veliyamattom Grama Panchayat vs Woodon Mdf Panels Private Limited ...
2021 Latest Caselaw 20908 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                 THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
          WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                                  RP NO. 580 OF 2021
    AGAINST THE ORDER/JUDGMENT IN WP(C) 18105/2020 OF HIGH COURT OF KERALA,
                                     ERNAKULAM
REVIEW PETITIONERS:


1              VELIYAMATTOM GRAMA PANCHAYAT, PANNIMATTOM, P.O., THODUPUZHA,
               IDUKKI 685 588


2              SECRETARY, VELLIYAMATTOM GRAMA PANCHAYAT, PANNIMATTOM, P.O.,
               THODUPUZHA, IDUKKI 685 588.


               BY ADV DAISY A.PHILIPOSE


RESPONDENTS:


1              WOODON MDF PANELS PRIVATE LIMITED AND ANOTHER, PPM HAJI TOWER,
               AM ROAD, NELLIKUZHY P.O., KOTHAMANGALAM, KERALA 686 691,
               REPRESENTED BY ITS MANAGING DIRECTOR, SRI. PAREETH K.V.


2              VADAKKANAR NEERTHADA SAMRAKSHNA SAMITHI, PANNIMATTOM P.O.,
               THODUPUZHA REPRESENTED BY ITS VICE PRESIDENT JACOB SEBASTIAN S/O
               DEVASSIA, AGED 53 YEARS, K ATTUPARA KUZHIYIL HOUSE, KOOVAKANDOM
               P.O., POOMALA, THODUPUZHA, IDUKKI 685 588.


      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 580 OF 2021
                                     2


                               ORDER

This review petition is filed by the Panchayat seeking review of

the order in W.P (C) No.18105 of 2020 dated 21.12.2020. The

matter is arising from the non consideration of the application for

permission under Sec.233 of the Kerala Panchayat Raj Act, 1994.

Ext.P4 was under challenge in the writ petition. It is pointed out that

certain defects existed in the application. Noting that, those defects

have been cured, this Court directed the consideration of the

application. This Court specifically noted the submission made on

behalf of the Panchayat that all the defects have been cured.

2. The review petition is filed by the Panchayat stating that

some of the defects still exist. Those are non production of the

environmental clearance, documents showing width of road and non

production of clearance from the revenue authority. It is to be noted

these defects were never pointed out in Ext.P4 before passing the

interim order.

It is apparently to wriggle out from the directions in the interim RP NO. 580 OF 2021

order passed by this Court that the review petition is filed. This

ought to have been dismissed with heavy cost. However, being in the

admission stage, I refrain to do so. The review petition is dismissed.

No costs.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR RP NO. 580 OF 2021

APPENDIX OF RP No. 580/2021

PETITIONER ANNEXURE ANNEXURE-1 A TRUE COPY THE ORDER IN W.P.(C)NO.18105 OF 2020 DATED 21.12.2020.