The District ... vs Tessy
2022 Latest Caselaw 2339 Ker

RP NO. 233 OF 2022               1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                           RP NO. 233 OF 2022
            ORDER IN RP 845/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS/RESPONDENTS IN W.P.(C):

    1       THE DISTRICT COLLECTOR,ERNAKULAM,
            CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT, PIN
            682 021.

    2       THE ASSISTANT EXECUTIVE ENGINEER,
            PWD ROADS DIVISION, PWD OFFICER (ROAD DIVISION),
            NORTH PARAVUR, ERNAKULAM-683 513.

    3       THE TAHSILDAR (LR),
            PARAVUR TALUK OFFICE, NORTH PARAVUR, ERNAKULAM,

            PIN-683 513.

    4       THE TALUK SURVEYOR,
            TALUK OFFICE, NORTH PARAVUR, ERNAKULAM,

            PIN-683 513.

            SMT SURYA BINOY, SR GOVERNMENT PLEADER



RESPONDENT/PETITIONER/PETITIONER IN W.P.(C):

            TESSY,
            AGED 72 YEARS
            D/O. THOMMAN, MANACKAL HOUSE, GOTHURUTH,
            CHENDAMANGALAM, PARAVUR TALUK, ERNAKULAM-683 513




     THIS    REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 233 OF 2022                   2




                                      ORDER

This Review Petition is filed seeking to review the order dated

14.12.2021 in R.P.No.845/2021 in W.P.(C) No.16735/2021.

2. While disposing of the review petition, this Court had observed

thus in paragraph No.6 of the order.

"6. On instructions, it is submitted by the learned Government Pleader that in tune with the directions issued by this Court in the common judgment dated 26.11.2020 in W.P.(C) No.15590 of 2020, the entire exercise was completed, even prior to the passing of the judgment which is sought to be reviewed."

3. The contention of the learned Government Pleader who appeared

for the review petitioner is that what was submitted before this Court was that

the measurements were taken and a report was submitted by the Taluk

Surveyor in pursuance to Ext.P6 notice dated 24.3.2021 and Ext.P8 notice

dated 16.7.2021, much before 13.8.2021, the date on which the judgment in

W.P.(C) No.16735/2021 was rendered. It is submitted that after completing

the survey, revenue authorities had submitted the report and sketch on

9.8.2021 as is evident from Annexure-I and the Assistant Executive Engineer,

PWD (Roads) was addressed as per Annexure-II letter. It is submitted that this

Court had however recorded that the entire exercise pursuant to the directions

issued by this Court in the common judgment dated 26.11.2020 in W.P.(C)

No.15590/2020 had been completed. This observation, according to the

learned Government Pleader, is incorrect and hence the review petition.

4. Having carefully considered the facts and circumstances and

submissions made across the bar, the recording of the submission of the

learned Government Pleader that the entire exercise in tune with the directions

issued by this Court in common judgment dated 26.11.2020 in W.P.(C)

No.15590/2020 has been completed much prior to the passing of the judgment

is expunged.

This Review Petition is allowed to the extent above.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF RP 233/2022

PETITIONER'S ANNEXURES:

Annexure I TRUE COPY OF THE REPORT DATED 26.07.2021 OF THE TALUK SURVEYOR.

Annexure II TRUE COPY OF THE LETTER DATED 06.11.2021 OF THE TAHSILDAR (LR), PARAVUR.