Kerala High Court
Emma Koshi vs Mary P.F on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
RP NO. 124 OF 2022
AGAINST THE JUDGMENT IN WP(C)NO.15537/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
EMMA KOSHI,
D/O. LATE SAMUEL J, SPENCER,
AGED 69 YEARS
NO. 6, 10TH EAST CROSS ROAD,
GANDHINAGAR, VELLOORE 632 006,
THROUGH POWER OF ATTORNEY,
K.P. SIMPSON, S/O. LATE PETER ,
AGED 77 YEARS, ANUGRAH, VELI,
FORT KOCHI 68 2 001.
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
MANU VYASAN PETER
SABU GEORGE
RESPONDENTS:
1 MARY P.F.
AGED 76 YEARS
W/O. LATE K.T. LOUIS, HOUSE NO. 1/859,
KATTACHERY HOUSE,
QUIROS STREET, FORT KOCHI 682 001.
2 THE SECRETARY TO LOCAL SELF GOVERNMENT INSTITUTIONS,
STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE COCHIN CORPORATION,
REPRESENTED BY ITS SECRETARY, COCHIN CORPORATION -682 016.
4 THE COCHIN SMART MISSION LTD,
REPRESENTED BY ITS PRINCIPAL OFFICER, COCHIN-682 016.
5 THE P.W.D. ENGINEER,
HAVING JURISDICTION OVER, COCHIN CORPORATION-682 016.
6 ADV. ANTONY KUREETHARA,
COUNCILOR, COCHIN CORPORATION DIVISION I,
FORT KOCHI - 682 001.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 124 OF 2022
2
T.R.RAVI, J.
----------------------------------------
R.P. NO.124 OF 2022
in
WP(C) NO.15537 OF 2021
-------------------------------------------
Dated this the 16th day of March, 2022
ORDER
The application for review has been filed stating that
this Court was not apprised of the correct facts and judgment
happened to passed in that situation. The writ petition was
disposed of on the premise that the existing drainage had
been clogged and required renovation and reconstruction. It
is stated by the review petitioner that the existing drainage is
actually passing through private properties and the effect of
the judgment of this Court is that damage is caused to the
private properties of persons through whose property the
drainage was passing. It is submitted even the varandahs
which were existing have been demolished and the area
which is a heritage zone has lost its significance because of
unauthorized action.
In such circumstances, the judgment is recalled. Review
Petition is allowed. The Review Petitioner is suo motu
RP NO. 124 OF 2022
impleaded as additional respondent in the writ petition. The
additional respondent may file his counter affidavit.
Registry to carryout necessary changes in the cause title.
Post the writ petition after summer vacation 2022.
Sd/-
T.R.RAVI
JUDGE
sn
RP NO. 124 OF 2022
APPENDIX OF RP 124/2022
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE PHOTOGRAPH.
Annexure B TRUE COPY OF THE PHOTOGRAPH.
Annexure C TRUE COPY OF THE PHOTOGRAPH.
Annexure D TRUE COPY OF THE E- MAIL COMMUNICATION DATED
06.12.2021.
Annexure E TRUE COPY OF THE E- MAIL COMMUNICATION DATED
09.12.2021.
Annexure F TRUE COPY OF THE E- MAIL COMMUNICATION DATED
10.12.2021.
Annexure G TRUE COPY OF THE PHOTOGRAPH.
Annexure H TRUE COPY OF THE PHOTOGRAPH.
Annexure I TRUE COPY OF THE PHOTOGRAPH.
Annexure J TRUE COPY OF THE PHOTOGRAPH.
Annexure K TRUE COPY OF THE PHOTOGRAPH.
Annexure L TRUE COPY OF THE PHOTOGRAPH.
Annexure M TRUE COPY OF THE REPORT DATED 15.12.2021.
Annexure N TRUE COPY OF THE PETITION DATED 12.09.2020.
Annexure O TRUE COPY OF THE LETTER DATED 12.09.2020.
Annexure P TRUE COPY OF THE LETTER DATED 23.11.2020.
Annexure Q TRUE COPY OF THE LETTER DATED 07.05.2021.
Annexure R TRUE COPY OF THE PHOTOGRAPH
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
