Kerala High Court
Sahitha.M.P, (Wrongly Shown As ... vs Subash Rajani Balan on 14 November, 2024
2024:KER:87044
RP No.799/2024
..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
RP NO. 799 OF 2024
JUDGMENT DATED IN WP(C) NO.19622 OF 2014 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/RESPONDENT NO.7:
SAHITHA.M.P, (WRONGLY SHOWN AS SANITHA)
AGED 52 YEARS
D/O. AMMU, NEAR AZHEEKKAL MATHC WORKS, AZHIKKAL P.O.
KANNUR DISTRICT, PIN - 670009
BY ADVS.
ABDUL RAOOF PALLIPATH
E.MOHAMMED SHAFI
PRAJIT RATNAKARAN
RESPONDENTS/PETITIONER & RESPONDENTS 1-6 & 8-13:
1 SUBASH RAJANI BALAN,
S/O PARAYIL BALAN NAIR, CHIRAKKAL, KANNUR, PIN - 670008
2 THE TAHSILDAR
KANNUR DISTRICT, PIN - 670001
3 THE SUB COLLECTOR
THALASSERY, KANNUR DISTRICT, PIN - 670101
4 THE VILLAGE OFFICER
KANNUR DISTRICT, PIN - 670101
5 PRADEEPAN M.P (DIED)
S/O.KUNHIRAMUNNI, MADATHANKANDI POOVADAN P.O. AZIKKEL,
KANNUR DISTRICT, PIN - 670009
2024:KER:87044
RP No.799/2024
..2..
6 M.P.SARASA (DIED)
W/O. LATE VASU, NEAR AZHEEKKAL MATCH WORKS AZIKKAL.P.O.
, KANNUR DISTRICT, PIN - 670009
7 M.P.SAROJA
W/O.KUNHAMBU, NEAR AZHIKKAL MATCH WORKS AZIKKAL.P.O. ,
KANNUR DISTRICT, PIN - 670009
8 RADHA TEACHER (DIED)
W/O.LATE PRATHAPAN, NEAR AZHEEKKAL MATCH WORKS
AZIKKAL.P.O. , KANNUR DISTRICT, PIN - 670009
9 PRAJITH
S/O.PRATHAPAN, NEAR AZHEEKKAL MATCH WORKS
AZIKKAL.P.O. , KANNUR DISTRICT, PIN - 670009
10 PRASOON
S/O.PRATHAPAN, NEAR AZHIKKAL MATCH WORKS AZIKKAL.P.O. ,
KANNUR DISTRICT, PIN - 670009
11 SHIBU RAJANI BALAN
S/O.PARAYIL BALAN NAIR, 'RAMA KRIPA' P.O.ALAVIL, KANNUR
DISTRICT, PIN - 670008
12 SUNITHA RAJANI BALAN
D/O.PARAYIL BALAN NAIR, 'RAMA KRIPA' P.O.ALAVIL, KANNUR
DISTRICT, PIN - 670008
13 NIMMI BALAN NAIR
D/O.PARAYIL BALAN NAIR, 'RAMA KRIPA' P.O.ALAVIL, KANNUR
DISTRICT, PIN - 670008
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87044
RP No.799/2024
..3..
ORDER
This review petition is filed by the seventh respondent in WP(C)
No.19622 of 2014 seeking to review the impugned judgment dated
18.01.2023, by which Exts.P2 and P3 orders in the writ petition were set
aside and the Tahsildar/first respondent in the writ petition was
directed to reconsider the issue on the basis of the judgment dated
07.07.2022 in O.S. Nos.81 and 85 of 2015.
2. The learned counsel for the review petitioner
submitted that the impugned judgment was rendered assuming that the
pending suits, O.S. Nos.81 of 2015 and 85 of 2015, have attained
finality, however, there are appeals filed by the affected parties, who
were not given proper opportunity to present their case before passing
the judgment in O.S. Nos.81 of 2015 and 85 of 2015.
3. On a perusal of the proceedings sheet, it is seen that
sufficient opportunities were given to all parties to raise their
contentions in the writ petition. The impugned judgment was rendered
directing the Tahsildar, Kannur, to reconsider the issue on the basis of
the judgment dated 07.07.2022 in O.S. Nos. 81 and 85 of 2015 with
notice to all affected parties. This Court did not render a decision on the
2024:KER:87044
..4..
merits and all parties are free to appear before the Tahsildar, Kannur,
and raise all contentions to substantiate their claims. The power of
review can be exercised for correction of a mistake, but not to substitute
a view. There is no error apparent on the face of the record, calling for a
review of the impugned judgment.
Therefore, the review petition is dismissed.
SD/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
2024:KER:87044
..5..
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE COMMON JUDGMENT IN O.S NO.
81/2015, 85/2015 AND 73/2015 DATED 07.07.2022
OF THE SUB COURT KANNUR
