The Malabar Devaswom Board vs 1. Malabar Devaswom Employees Sangham ...
2024 Latest Caselaw 4916 Ker

Kerala High Court

The Malabar Devaswom Board vs 1. Malabar Devaswom Employees Sangham ... on 9 February, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                    TH
       FRIDAY, THE 9   DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                         RP NO. 142 OF 2024
  AGAINST THE JUDGMENT IN WP(C) 43949/2023 OF HIGH COURT OF KERALA

REVIEW PETITIONER(S):

     1     THE MALABAR DEVASWOM BOARD
           HOUSEFED COMPLEX, P.O ERANHIPALAM KOZHIKODE,
           REPRESENTED BY ITS SECRETARY, PIN - 673006
     2     THE COMMISSIONER
           MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O ERANHIPALAM
           KOZHIKODE, PIN 673 006
     3     THE ASSISTANT COMMISSIONER
           MALABAR DEVASWOM BOARD, KASARGOD DIVISION,
           NILESWARAM P.O, KASARGOD, PIN - 671314

           BY ADV SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD

RESPONDENT(S):

     1     MALABAR DEVASWOM EMPLOYEES SANGHAM TTK DEVASWOM MEKHALA
           COMMITTEE
           REPRESENTED BY ITS SECRETARY, P.O. TALIPARAMBA, KANNUR, PIN
           - 670141
     2     THE MANAGING COMMITTEE TTK DEVASWOM REPRESENTED BY ITS
           PRESIDENT
           TTK DEVASWOM , P.O. TALIPARAMBA, KANNUR, PIN - 670141
     3     C.P. BALADEVAN
           EXECUTIVE OFFICER IN CHARGE, TTK DEVASWOM , P.O.
           TALIPARAMBA, KANNUR, PIN - 670141

OTHER PRESENT:

           SRI MAHESH V RAMAKRISHNAN, SC FOR MALABAR DEVASWOM EMPLOYEES
           SANDHAM TTK DEVASWOM MEKHALA COMMITTEE


THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.P.No.142 OF 2024                 2




                                    ORDER

This Review Petition has been filed to request a review of the

judgment dated 22/12/2023 in Writ Petition (C) No. 43949 of 2023. While

disposing of the matter, in the admission stage, this Court directed the

fourth respondent to consider the Ext.P1 representation and to take an

appropriate decision.

2. The counsel appearing for the review petitioner points out

that the directions issued by this Court, if implemented, may go against

the interim orders previously issued by this Court in Writ Petition Nos.

12258 of 2017 and 27314 of 2023. It has also been highlighted that the

Writ Petition was disposed of on the day of admission in view of the

innocuous nature of the prayer sought and the fact that the relevant

details and instructions could not be obtained owing to the said reason.

3. Having considered the submissions, I am of the opinion that

serious injustice would occur if judgment is not recalled. There is clearly

an error apparent on the face of the record, as relevant facts could not be

brought to the notice of the Court when the matter was taken up. This

necessitates the invocation of the Court's review powers.

Accordingly, the Review Petition is allowed.

The judgment dated 22/12/2023 in Writ Petition (C) No. 43949 of

2023 is recalled.

Post before the appropriate Court.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NB/9-2