State Of Kerala vs Shibu P
2021 Latest Caselaw 21185 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA,
                                   1943
                         RP NO. 679 OF 2021
 AGAINST THE ORDER/JUDGMENT IN WP(C) 13538/2021 OF HIGH
                     COURT OF KERALA, ERNAKULAM
REVIEW PETITIONER/S:

    1       STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
            TAXES DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
    2       DIRECTOR OF STATE LOTTERIES
            DIRECTORATE OF LOTTERIES, PUBLIC OFFICE
            BUILDINGS, VIKAS BHAVAN, THIRUVANANTHAPURAM-695
            033.
    3       THE DISTRICT LOTTERY OFFICER
            MINI CIVIL STATION, THODUPUZHA P.O, IDUKKI
            DISTRICT-685584.
            BY ADV GOVERNMENT PLEADER

RESPONDENT/S:

            SHIBU P, AGED 49 YEARS
            S/O GOPALAN, PARAYIL HOUSE, VAZHITHALA P.O,
            PURAPPUZHA VILLAGE, THODUPUZHA TALUK,
            IDUKKI DISTRICT-685583.
            BY ADV GEORGE MATHEW

OTHER PRESENT:

            SMT.DEEPA NARAYANAN, SR.GP

        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.10.2021,    THE    COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                             -2-
RP No.679 of 2021 in W.P.(C). No. 13538 of 2021



                               P.V.KUNHIKRISHNAN, J.
                               ==============================================================


                                   R.P. No. 679 of 2021 -N
                                                            in
                                W.P.(C) No.13538 of 2021
                     ===================================================================================


                   Dated this the 20th day of October, 2021


                                                   ORDER

This review petition is filed to review the judgment dated

03.09.2021 in W.P.(C) No.13538 of 2021. The review

petitioners are the respondents in the writ petition. The main

contention raised in the review petition is that the

interpretation of Rule 5(5) of the Kerala Paper Lottery

(Regulation) Amendment Rules, 2011 in the judgment is not

correct.

2. The learned Government Pleader submitted that as

per the proviso to Rule 5(5), the hearing is not necessary for

suspending a licence. The learned Government Pleader also

submitted that if such a finding remains in the impugned

judgment, that will affect their case because subsequent writ

RP No.679 of 2021 in W.P.(C). No. 13538 of 2021

petition is pending before this Court.

3. Heard the learned Government Pleader and also the

learned counsel for the respondent.

4. As per the judgment this Court only stayed the

impugned order pending Ext.P2 appeal. Now the appeal is

already disposed of and the writ petition is filed against the

same and the same is pending before this Court. In such

circumstances, according to me, review of the judgment may

not be necessary, but I make it clear that the point raised by

the learned Government Pleader about the interpretation of

Rule 5(5) of the Kerala Paper Lottery (Regulation) Amendment

Rules, 2011 is left open.

The review petition is closed accordingly.

Sd/-

P.V.KUNHIKRISHNAN JUDGE das

RP No.679 of 2021 in W.P.(C). No. 13538 of 2021

APPENDIX OF RP 679/2021

RESPONDENT ANNEXURE Annexure R1(A) TRUE COPY OF THE ORDER PASSED BY RESPONDENT ON 13.08.2021.