Dienesh Varma vs State Of Kerala
2023 Latest Caselaw 5393 Ker

R.P. No. 1226 of 2007             1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
    TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                           RP NO. 1226 OF 2007
   AGAINST THE ORDER/JUDGMENTWPC 36714/2003 OF HIGH COURT OF
                                  KERALA


PETITIONER:

              DIENESH VARMA
              AGED 36, KILIMANOOR PALACE, KILIMANOOR,,
              THIRUVANANTHAPURAM.
              BY ADV SRI.S.SREEKUMAR


RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY,, SECRETARIAT,
              THIRUVANANTHAPURAM.
      2       THE CULTURAL SECRETARY
              DEPARTMENT OF CULTURAL AFFAIRS,, SECRETARIAT,
              THIRUVANANTHAPURAM.
      3       THE DIRECTOR OF ARCHEOLOGY
              KERALA, DIRECTORATE, THIRUVANANTHAPURAM.
      4       DISTRICT COLLECTOR THIRUVANANTHAPURAM.
      5       C. RAMAVARMA ALIAS AJAYAN
              S/O. LATE SUBRAMANYAN NAMBOODIRIPAD, RESIDING AT,
              CHEMBROLE NEAR ARYA CENTRAL SCHOOL, PATTOM,,
              THIRUVANANTHAPURAM.
              BY G.P., ADV. T.K. SHAJAHAN


       THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.04.2023,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 R.P. No. 1226 of 2007             2



                    A.MUHAMED MUSTAQUE , J.
              ===========================
                       R.P. No. 1226 of 2007
              ============================
                Dated this the 25th day of April, 2023

                              JUDGMENT

This review petition was filed by the writ petitioner against the

dismissal of the writ petition as infructuous. The challenge in the

writ petition was against a notification issued under the Kerala

Ancient Monuments and Archaeological Sites and Remains Act,

1968. This Court, noting that the said notification is not in force,

dismissed the writ petition. This review petitioner alleges that the

notification is still in force.

The writ petition was filed in the context of demolition of a

building. If there exists any threat to the right of the writ petitioner,

this Court reserves liberty to the petitioner to approach this Court

again with a fresh writ petition. Accordingly, the review petition is

dismissed with the observation as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE sbk/-