Thomas vs Babu
2023 Latest Caselaw 144 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                          RP NO. 221 OF 2022
 AGAINST THE ORDER/JUDGMENT IN WP(C) 30759/2021 OF HIGH COURT OF
                                 KERALA
REVIEW PETITIONER:

            THOMAS
            AGED 72 YEARS
            S/O.VARKEY, RESIDING IN THE ADDRESS PARABEN HOUSE
            NEAR ST.THOMAS CHURCH, NORTH KUTHIYATHODKARA,
            PUTHENVELIKARA, PARAVUR, ERNAKULAM DISTRICT-683 594
            BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:

    1       BABU
            AGED 74 YEARS
            S/O. VARKEY, RESIDING IN THE ADDRESS PARABEN HOUSE
            NEAR ST.THOMAS CHURCH, NORTH KUTHIYATHODKARA,
            PUTHENVELIKARA, PARAVUR, ERNAKULAM DISTRICT-683 594
    2       THE STATION HOUSE OFFICER,
            CHENGAMANAD POLICE STATION, CHENGAMANAD P.O.,
            ERNAKULAM DISTRICT-683 578
    3       THE SUPERINTENDENT OF POLICE ,
            ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-683 101
            SRI.C.K.RAPHEEQUE
            SRI.SHINOJ K.N.
            SRI.T.K.SHAJAHAN, SR.GP
     THIS    REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO.221 OF 2022

                                       2




                                   ORDER

Dated this the 6th day of January, 2023

It is submitted by the learned counsel appearing for the writ

petitioner/1st respondent in the review petition that the pathway in

question will be used only as a pathway and that it was only for the

construction purposes that some materials had to be unloaded in the

pathway. It is stated that the materials were immediately removed for

the construction as well. It is further submitted that there will be no

storing of materials for the construction in the pathway in question.

The said submission is recorded and the review petition is closed.

Sd/-

ANU SIVARAMAN JUDGE NP RP NO.221 OF 2022

APPENDIX OF RP 221/2022

PETITIONER'S ANNEXURES Annexure I A TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE REVIEW PETITIONER DATED NIL Annexure II A TRUE COPY OF THE COMMISSIONERS REPORT IN OS NO.400 OF 20 DATED 28.1.22 RESPONDENTS' ANNEXURES:

Annexure R1(A) PHOTOGRAPHS OF DISPUTED WAY AND THE NEW COMPOUND WALL Annexure R1(B) PHOTOGRAPHS OF DISPUTED WAY AND THE NEW COMPOUND WALL