Kerala High Court
Pearl Hill Builders & Developers vs Union Of India on 29 October, 2021
RP NO. 741 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
RP NO. 741 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 8708/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
REVIEW PETITIONER/S:
PEARL HILL BUILDERS & DEVELOPERS
ARE REPRESENTED BY ITS MANAGING DIRECTOR, MR.ABDUL
NAZAR, PUTHEN PEEDIYAKKAL HOUSE, MOORIYAD P.O.,
CHALAPPURAM - 673 002.
BY ADVS.
N.RAYNOLD FERNANDEZ
G.CHANDRASEKHAR
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF LAW AND
JUSTICE, NEW DELHI - 110 001.
2 GOVERNMENT OF KERALA
REPRESENTED BY THE SECRETARY, MINISTRY OF LAW,
THIRUVANANTHAPURAM - 695 001.
3 THE KERALA FINANCIAL CORPORATION
HEAD OFFICE, VELLYAMBALAM, THIRUVANANTHAPURAM - 695
033, REPRESENTED BY ITS MANAGING DIRECTOR 4TH
RESPONDENT.
4 THE MANAGING DIRECTOR
KERALA FINANCIAL CORPORATION, HEAD OFFICE,
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
5 CHIEF MANAGER
KERALA FINANCIAL CORPORATION BRANCH OFFICE, MALABAR
RP NO. 741 OF 2021 2
PALACE, GH ROAD, KOZHIKODE - 673 001.
6 C.ABDUL MANAF
AGED 51 YEARS
SON OF C.HUSSAIN, RESIDING AT CHOLAMUGATH HOUSE,
THAZHEKODE WEST, PIN - 679 341, THAZHEKODE VILLAGE,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, NOW
WORKING AS CHIEF MANAGER, KERALAFINANCIAL
CORPORATION BRANCH OFFICE, MALABAR PALACE, GH ROAD,
KOZHIKODE - 673 001.
7 K.B.PADMADAS
SON OF BALAKRISHNAN, THEERTHAM, KOOLIYATTUVALAPPIL
(H), PUDUKKAD, VIYYUR P.O., THRISSUR, PIN - 680 010.
8 T.P.SALEEM
SON OF T.V.PUSHPANGATHAN, THASHNATH (H),
CHENTRAPPINI P.O., PIN - 680 687.
9 VARUN P.
SON OF PEETHAMBARAN, HOUSE NO.28/2453, POTTAMMAL,
KUTHIRAVATTAM P.O., CALICUT - 67316.
10 EDWIN JOSEPH
SON OF T.T.JOSEPH, TREASA GARDEN, CHETHIKKULAM,
ELATHUR P.O., PIN - 673 303.
11 ANIL KUMAR S.
AGE NOT KNOWN, SON OF M.SIVSANKARA PILLAI,
V.P.HOUSE, CHANTHANATHOPPU P.O., KOTTAMKARA VILLAGE,
PIN - 691 014, KOLLAM TALUK, KOLLAM DISTRICT.
12 PEETHAMBARAN
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
HOUSE NO.28/2453, POTTAMMAL, KUTHIRAVATTAM P.O.,
CALICUT, PIN - 67316.
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP, SRI.M.R.VENUGOPAL, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 741 OF 2021 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
R.P.No.741 of 2021
in
W.P.(C.) No. 8708 of 2021
--------------------------------------
Dated this the 29th day of October, 2021
ORDER
The Senior Counsel, who appeared in the review petition
submitted that the earlier submission before this Court that he
wants to withdraw the writ petition was on a bonafide belief
that, the matter can be agitated before the civil court. But in
the light of some Supreme Court judgments, a writ petition is
maintainable and hence, there is something to be argued on
merit. Therefore, there is an error apparent on the face of the
record. I also heard the respondent.
2. Considering the entire facts and circumstances of
this case and after hearing both sides, I think the judgment
dated 6.10.2021 in W.P.(C.) No. 8708 of 2021 can be recalled.
There is no decision on merit. Review petitioner can be given
an opportunity to argue on merit. Hence, the review is allowed
and the judgment is recalled.
The parties can complete the pleadings and post after
Christmas Holidays for hearing.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
