Divakaran vs Sathyarajan C
2023 Latest Caselaw 5825 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                     RP NO. 435 OF 2023
 AGAINST THE ORDER/JUDGMENTWP(C) 9759/2023 OF HIGH COURT OF
                           KERALA
PETITIONER/RESPONDENT NO.6 IN WPC

          DIVAKARAN
          AGED 60 YEARS
          S/O APPUKUTTAN, KARINHALIPALAM,
          CHITTUR, PALAKKAD., PIN - 678101

          BY ADVS.
          SABU GEORGE
          P.B.KRISHNAN
          P.B.SUBRAMANYAN
          B.ANUSREE
          ABRAHAM BABU KALLIVAYALIL
          CHITHIRA VENUGOPAL


RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 5 IN WPC:

    1     SATHYARAJAN C
          AGED 69 YEARS
          SON OF CHAMIYAR, KRISHNA NIVAS,
          KARINHALIPALAM, CHITTUR,
          PALAKKAD., PIN - 678101
    2     USHADEVI CHANDRAN, AGED 69 YEARS
          WIFE OF CHANDRAN, KRISHNANIVAS, VANNAMADA ROAD
          KARINHALIPALAM, CHITTUR, PALAKKAD, PIN - 678101
    3     THE DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF,
          YAKKARA ROAD, NEAR KSRTC BUS STAND,
          PALAKKAD, PIN - 678014
 RP No.435 of 2023

     in

W.P.(C) No.9759 of 2023

                            2


     4      THE SUB INSPECTOR OF POLICE
            CHITTUR POLICE STATION, CHITTUR,
            PALAKKAD, PIN - 678101
     5      THE VILLAGE OFFICER,
            CHITTUR VILLAGE, CHITTUR,
            PALAKKAD., PIN - 678101
     6      THE TAHSILDAR,
            TALUK OFFICE, CHITTUR TALUK,
            CHITTUR, PALAKKAD, PIN - 678101
     7      THE DIVISIONAL FOREST OFFICER,
            ATHIRA NAGAR, PUTHUPPARIYARAM,
            PALAKKAD., PIN - 678009

            BY ADV SRI.I.DINESH MENON
            SRI.RAJEEV JYOTHISH GEORGE, GP


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP No.435 of 2023

     in

W.P.(C) No.9759 of 2023

                                3




                               ORDER

Dated this the 24th day of May, 2023

The review petitioner submits that his counsel could not

appear on 27.03.2023 when W.P.(C) No.9759 of 2023 was

heard and disposed of. Though notice was served and

vakalath was signed, it was only a couple of days before the

posting of the case. According to the review petitioner, the file

was entrusted with the counsel on 25.03.2023 and on the

same day vakalath was filed. But, the cause list in respect of

the case was already prepared on 24.05.2023 and the

counsel's name did not appear in the cause list. For the said

reason, the counsel could not appear when the case was

called.

2. Counsel for the review petitioner submits that he

has good and tangible reasons for seeking review of the RP No.435 of 2023

in

W.P.(C) No.9759 of 2023

judgment. Unless the review petitioner is heard in the matter,

the review petitioner will be put to untold hardship and loss.

Taking into consideration the afore facts, I am of the

view that the judgment should be recalled and the review

petitioner should be heard in the matter. Therefore, the review

petition is allowed and the judgment dated 27.03.2023 in W.P.

(C) No.9759 of 2023 is recalled.

Sd/-

N.NAGARESH JUDGE spk