State Of Kerala Represented By ... vs Earthspace Builders And ...
2022 Latest Caselaw 12062 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE SATHISH NINAN
                                    &
                  THE HONOURABLE MR.JUSTICE GOPINATH P.


        Thursday, the 22nd day of December, 2022 / 1st Pousha, 1944

             IA.NO.3/2022 IN RP NO.815 OF 2022 IN WA 559/2016

    AGAINST THE JUDGMENT DATED 26.10.2016 IN WA 559/2016 OF THIS COURT

APPLICANTS/REVIEW PETITIONERS:

  1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION (M)
     DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695001.
  2. THE REGIONAL TOWN PLANNING OFFICER, ERNAKULAM - 682 030.

RESPONDENTS/RESPONDENTS & ADDITIONAL RESPONDENTS 4 & 5 (SOUGHT TO BE
IMPLEADED):

  1. EARTHSPACE BUILDERS AND DEVELOPERS, 41/406C,4TH FLOOR,BEEJAY
     TOWER,RAJAJI ROAD,KOCHI-682035 REPRESENTED BY ITS PARTNER PRATHEESH
     VINCENT.
  2. THRIKKAKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, THRIKKAKARA -
     682 030.
  3. THE SECRETARY, THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS
     SECRETARY,THRIKKAKARA - 682 030.

ADDITIONAL RESPONDENTS 4 & 5 (SOUGHT TO BE IMPLEADED)

  4.SRI.ELDHO KURUVILA, THOMBRAYIL HOUSE,CHELLAD,KOTHAMANGALAM P.O.

  5.SMT.RITHIKA KURUVILA, THOMBRAYIL HOUSE,CHELLAD,KOTHAMANGALAM P.O.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to dispense with the
notice to the 1st respondent in the review petition, in the interest of
justice.
     This application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLEADER for the Applicants and SRI.S.JAMAL, Advocate for
Respondents 2 & 3, the Court on the same day passed the following:

                                                                       P.T.O.
                                   SATHISH NINAN &
                                 GOPINATH P., JJ.
                       = = = = = = = = = = = = = = = = = =
                            I.A. No.3 and 4 of 2022 in
                         Review Petition No.815 of 2022
                       = = = = = = = = = = = = = = = = = =
                    Dated this the 22nd day of December, 2022

                                     O R D E R

Sathish Ninan, J.

Notice on the review petition issued to the first

respondent was returned with the endorsement "addressee

left". Review petitioner to serve notice on the first

respondent by paper publication. Paper publication to be

effected in Kochi edition of Deshabhimani daily.

2. The first respondent is stated to have

transferred the building permit in favour of additional

respondents 4 and 5 sought to be impleaded. In the

circumstances, issue urgent notice by speed post to

additional respondents 4 and 5.

Sd/-

SATHISH NINAN JUDGE Sd/-

GOPINATH P.

JUDGE

kns/-

//True Copy// P.S. To Judge

22-12-2022 /True Copy/ Assistant Registrar