Jithesh N.E vs State Of Kerala
2024 Latest Caselaw 11378 Ker

Kerala High Court

Jithesh N.E vs State Of Kerala on 19 April, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                   RP NO. 477 OF 2024
[AGAINST THE JUDGMENT DATED 16.04.2024 IN WP(C) NO.15420
            OF 2024 OF HIGH COURT OF KERALA]
REVIEW PETITIONERS/PETITIONER:

         JITHESH N.E.
         AGED 43 YEARS
         S/O KRISHNAN NAMBOOTHIRI, AGED 43 YEARS,
         MANGALASSERY ILLAM, POST PERUVALLUR, KONDOTTY,
         MALAPPURAM DISTRICT, PIN - 673638
         BY ADVS.
         MEENA.A.
         VINOD RAVINDRANATH
         K.C.KIRAN
         M.R.MINI
         M.DEVESH
         ANISH ANTONY ANATHAZHATH
         THAREEQ ANVER K.
         NIVEDHITHA PREM.V
RESPONDENTS:
    1    STATE OF KERALA
         REPRESENTED BY SECRETARY, DEPARTMENT OF
         INDUSTRIES, THIRUVANANTHAPURAM, PIN - 695001
    2    THE SUB COLLECTOR,
         TIRUR, MALAPPURAM DISTRICT, PIN - 676101
    3    THE GEOLOGIST,
         DISTRICT OFFICE, DEPARTMENT OF MINING AND
         GEOLOGY, MINI CIVIL STATION, MANJERI P.O.,
         MALAPPURAM DISTRICT, PIN - 676121
    4    THE VILLAGE OFFICER,
         PERUVALLUR, MALAPPURAM DISTRICT, PIN - 673638
    5    PERUVALLOR GRAMA PANCHAYAH
         REPRESENTED BY ITS SECRETARY, POST PERUVALLUR,
         PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN -
         673638
    6    THE SECRETARY
         PERUVALLUR GRAMA PANCHAYATH, POST PERUVALLUR,
         PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN -
         673638
 R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024

                                 :-2-:

OTHER PRESENT:

            SRI.V.VENUGOPAL , G.P.


    THIS   REVIEW  PETITION  HAVING  COME  UP  FOR
ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024

                                     :-3-:

                                   O R D E R

The review petitioner/writ petitioner filed

this review petition seeking review of the judgment

dated 16.04.2024 in W.P(C) No.15420/2024 contending

that at the time of hearing of the matter, certain

relevant points could not be raised before this

Court. It is also contended that the monsoon is

fast approaching and if the digging and renovation

of the ponds are not finished immediately,

petitioner will be put to serious prejudice.

2. Heard the learned counsel for the review

petitioner and the respondents.

3. When the matter came up for admission today, both

sides agreed that modification of the judgment is

required.

4. Considering the facts and circumstances of the

case, this Court is of the view that the review petition

has to be allowed.

R.P.NO.477 OF 2024 IN WPC NO.15420 OF 2024

:-4-:

Accordingly, the review petition is allowed.

The judgment dated 16.04.2024 is recalled and W.P(C) is

restored to file.

Post the writ petition on 03.05.2024 before

appropriate court.

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE

MBS/