State Of Kerala Represented By ... vs Thankachan P P
2024 Latest Caselaw 33241 Ker

Kerala High Court

State Of Kerala Represented By ... vs Thankachan P P on 15 November, 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
 FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
                       RP NO. 566 OF 2023

        JUDGMENT DATED 7.02.2023 IN WP(C) NO.2882 OF 2023 OF

HIGH COURT OF KERALA

REVIEW PETITIONER/1ST RESPONDENT IN WP(C):

            STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF
            SECRETARY TO GOVT,
            FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM


            SMT.NIMA JOSEPH, GOVERNMENT PLEADER

RESPONDENTS/PETITIONER & RESPONDENTS 2&3 IN W.P(C):

    1       THANKACHAN P P
            AGED 63 YEARS, S/O PETER,PUNNACKKAL,THURAVOOR
            SOUTH,VTC, KUTHIATHODE,PALLITHODE P O,
            CHERTHALA, ALAPPUZHA, PIN - 688540

    2       KERALA MOTOR TRANSPORT WORKERS WELFARE FUND
            BOARD,X7VP+GQP,SRM ROAD,ERNAKULAM NORTH,
            KACHERIPADY,KOCHI, PIN - 682018, REPRESENTED BY CHIEF
            EXECUTIVE OFFICER

    3       KERALA MOTOR TRANSPORT WORKERS WELFARE FUND
            BOARD,DISTRICT OFFICE,X7VP+GQP ,SRM ROAD,ERNAKULAM
            NORTH,KACHERIPADY,KOCHI, PIN - 682018, REPRESENTED BY
            DISTRICT EXECUTIVE OFFICER




            SRI M R SARIN, FOR PARTY RESP.

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                             2024:KER:86234

RP 566 of 2023                          2


                                   ORDER

This Review Petition is filed seeking to review the judgment dated

7.02.2023.

2. I have heard the learned Government Pleader and the learned

counsel appearing for the petitioner.

3. It was based on the submissions made by the learned

Government Pleader that Ext.P5 order had been withdrawn that this Court

while disposing of the Writ Petition had directed the concerned respondent

to consider the request and take an appropriate decision.

4. The learned Government Pleader submits that the filing of the

Review Petition was necessitated as the submission by the learned

Government Pleader that Ext.P5 order has been withdrawn is not correct. As

a matter of fact, by order dated 28.04.2022, the Government had only kept

in abeyance the said order for the time being. According to the learned

Government Pleader, in that view of the matter, the observation in the

judgment that Ext.P5 has been withdrawn may not be correct.

5. I have considered the submissions advanced. It is based on the

submission made by the learned Government Pleader that the order has

been withdrawn, such an observation was made in the order. The 2024:KER:86234

withdrawal of the order or its suspension will not make any difference as

even if the order was suspended, the request made by the petitioner

necessarily ought to have been considered.

In that view of the matter, the observation in paragraph No.3 that

Ext.P5 order has been withdrawn will stand expunged. It shall read that

'Ext.P5 order has been suspended'.

This Review Petition is disposed of accordingly.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

IAP