Baby Joseph vs The Chief Secretary, Government ...
2023 Latest Caselaw 5645 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                              &
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
    FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                      WA NO. 930 OF 2023
 AGAINST THE ORDER/JUDGMENT WP(C) 11928/2022 OF HIGH COURT OF
                            KERALA
APPELLANTS/PETITIONERS:

    1     BABY JOSEPH,
          AGED 83 YEARS, W/O.LATE JOSEPH,
          HOUSE NO.IV/513, THAIPPARAMBIL HOUSE, CHAMBAKKARA
          MARKET, POONITHURA P.O., KANAYANNUR TALUK,
          POONITHURA VILLAGE, ERNAKULAM, PIN - 682038
    2     PETER.P.J.,
          AGED 55 YEARS, S/O.LATE JOSEPH,
          HOUSE NO.IV/513, THAIPPARAMBIL HOUSE, CHAMBAKKARA
          MARKET, POONITHURA P.O., KANAYANNUR TALUK,
          POONITHURA VILLAGE, ERNAKULAM, PIN - 682038
    3     MERCY,
          AGED 51 YEARS, W/O.PETER,
          HOUSE NO.IV/513, THAIPPARAMBIL HOUSE, CHAMBAKKARA
          MARKET, POONITHURA P.O., KANAYANNUR TALUK,
          POONITHURA VILLAGE, ERNAKULAM, PIN - 682038
    4     PRAVEEN PETER,
          AGED 30 YEARS, S/O.PETER,
          HOUSE NO.IV/513, THAIPPARAMBIL HOUSE, CHAMBAKKARA
          MARKET, POONITHURA P.O., KANAYANNUR TALUK,
          POONITHURA VILLAGE, ERNAKULAM, PIN - 682038
          BY ADVS.
          T.R.S.KUMAR
          DEENA JOSEPH
          DEEPA R MENON
          AKSHAY JOSEPH ADHIKARAM
          THUSHARKRISHNAN K.U.
          SONA MARIA PAULOSE
          AMRUTHA PREMJITH

RESPONDENTS/RESPONDENTS:

    1     THE CHIEF SECRETARY,
          GOVERNMENT OF KERALA,
          SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
 W.A.No.930 of 2023
                                 :2:


      2       THE DISTRICT COLLECTOR,
              CIVIL STATION, ERNAKULAM,
              KAKKANAD P.O., PIN - 682030
      3       THE TAHSILDAR,
              TALUK OFFICE, KANAYANNUR TALUK,
              DISTRICT COURT COMPLEX,
              ERNAKULAM, PIN - 682011
      4       THE VILLAGE OFFICER,
              VILLAGE OFFICE, POONITHURA VILLAGE,
              POONITHURA P.O., PIN - 682038
      5       THE SECRETARY, CORPORATION OF KOCHI,
              PARK AVENUE ROAD, ERNAKULAM, PIN - 682011
      6       THE CHEIF ENGINEER (ROADS),
              PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX,
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
      7       SPECIAL TAHASILDAR (LA),
              NO.II, KERALA METRO RAIL PROJECT,
              KAKKANAD P.O., ERNAKULAM, PIN - 682030
      8       KOCHI METRO RAIL LIMITED,
              REP BY ITS MANAGING DIRECTOR,
              JLN METRO STATION, 4TH FLOOR,
              KALOOR, KOCHI, ERNAKULAM - 682017
              IS IMPLEADED AS ADDL.R8 AS PER ORDER DATED
              10.10.2022 IN IA.2/22.



       THIS     WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.930 of 2023
                               :3:


                   DEVAN RAMACHANDRAN,
                                &
                       SOPHY THOMAS, JJ.
               =========================
                       W.A.No.930 of 2023
              ==========================
               Dated this the 12th day of May, 2023

                            JUDGMENT

Devan Ramachandran, J.

After arguing this matter for some time, Sri.T.R.S.Kumar -

learned counsel for the appellants, sought permission to withdraw

this appeal, with liberty to approach the learned Single Judge with

a review petition. He prayed that a breathing time of at least two

weeks be granted to his clients for this purpose.

2. Sri.Brijesh Mohan, appearing for the 8th respondent,

submitted that though he does not stand in the way of this appeal

being withdrawn and the right to file a review petition being

reserved in favour of the appellants, the time frame sought for is

excessive because, the application made by the appellants for

'Pattayam' over the property in question was rejected as early as

2009.

3. Even though we find some force in the afore submissions of

Sri.Brijesh Mohan, the fact remains that the appellants will

certainly have to be given some time to attempt a review,

particularly because this Court is now in its summer vacation. W.A.No.930 of 2023

4. We notice that the prayer for liberty to file a review has

been impelled by the appellants on the strength of a document that

had not been presented before the learned Single Judge.

5. We, therefore, deem it appropriate to accede to the request

of Sri.T.R.S.Kumar; however, limiting the time frame to the shortest

period possible.

Resultantly, this appeal is permitted to be withdrawn; with

liberty being reserved to the appellants to approach the learned

Single Judge appositely; for which purpose, we direct that all

action pursuant to the impugned judgment shall stand deferred

until 26.05.2023, because the Court is reopening only on

22.05.2023.

Sd/- DEVAN RAMACHANDRAN, JUDGE

Sd/- SOPHY THOMAS, JUDGE

anm W.A.No.930 of 2023

APPENDIX OF WA 930/2023

PETITIONERS' ANNEXURES Annexure A1 TRUE COPY OF ORDER DATED 10.11.2022 IN I.A.NO.2/2022 IN O.S.NO.158/2022 OF HON'BLE MUNSIFF'S COURT - II, ERNAKULAM.