Kerala High Court
State Of Kerala vs R.S.Poornima on 17 October, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
2024:KER:77619
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
RP NO. 630 OF 2024
AGAINST THE JUDGMENT DATED 31.01.2019 IN MFA (FOREST) NO.53
OF 2017 OF HIGH COURT OF KERALA
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REVIEW PETITIONERS/APPELLANTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERMENT OF
KERALA,THIRUVANATHAPURAM, PIN - 695001.
2 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN
GOVERMENT
(THE PRINCIPAL CHIEF CONSERVATOR OF FOREST)FOREST HEAD
QUARTERS,THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695014
BY SPL GOVERNMENT PLEADER (FOREST) SRI.NAGARAJ NARAYANAN
RESPONDENT/RESPONDENT/APPLICANT:
T.R.SREEDEVI
W/O.M.RAVI,RAGAM,AMBALAMUKKU T.C.4/25, KURAVANKONAM
WARD,KOWIDIAR P.O., THIRUVANATHAPURAM, PIN - 695003.
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH RP.646/2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
2024:KER:77619
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
RP NO. 646 OF 2024
AGAINST THE JUDGMENT DATED 31.01.2019 IN MFA (FOREST) NO.52
OF 2017 OF HIGH COURT OF KERALA
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REVIEW PETITIONERS/APPELLANTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA, THIRUVANATHAPURAM, PIN - 695001.
2 CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS VESTED IN
GOVERMENT,
(THE PRINCIPAL CHIEF CONSERVATOR OF FOREST) FOREST HEAD
QUARTERS, THYCAUD P.O., THIRUVANATHAPURAM,
PIN - 695014.
BY SPL. GOVERNMENT PLEADER (FORESTS) SRI.NAGARAJ NARAYANAN
RESPONDENT/RESPONDENT/APPLICANT:
R.S.POORNIMA
D/O.M.RAVI,RAGAM,AMBALAMUKKU,T.C.4.25,KURAVANKONAM
WARD,KOWIDIR .P.O., THIRUVANATHAPURAM, PIN - 695003.
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.10.2024, ALONG WITH RP.630/2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
2024:KER:77619
SATHISH NINAN &
JOHNSON JOHN, JJ.
= = = = = = = = = = = = = = = = = =
R.P. No.630 of 2024 in
M.F.A. (Forest) No.53 of 2017 &
R.P. No.646 of 2024 in
M.F.A. (Forest) No.52 of 2017
= = = = = = = = = = = = = = = = = =
Dated this the 17th day of October, 2024
O R D E R
Sathish Ninan, J.
The common judgment in MFA (Forest) Nos.53/2017,
48/2017, 52/2017 and 44 of 2017 is sought to be
reviewed.
2. The grounds urged for review are challenging the
correctness of the findings entered into by this Court
in its judgment.
3. It is too well settled by the judgments of the
Apex Court that, a review is not to be an appeal in
disguise. No error apparent on the face of the record
could be pointed out by the review petitioner. The
review petitions are liable to be dismissed.
R.P. Nos.630 & 646 of 2024
2024:KER:77619
4. It is also to be noticed that, as per the
judgment sought to be reviewed, this Court had jointly
disposed of the afore mentioned four M.F.As. The appeals
related to properties which are lying adjacent. The
basic title in all these cases is the same viz.
Partition Deed No.1517/1970. Review is sought only in
two cases. There is no challenge against the judgment in
MFA (Forest) Nos.44 of 2017 and 48 of 2017.
We do not find any reason to entertain the review.
The Review Petitions fail and are dismissed.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
kns/-
//True Copy//
P.S. To Judge
2024:KER:77619
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED
IN MATHRUBHUMI DAILY DATED 02.08.2022
Annexure II TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED
IN MALAYALA MANORAMA DAILY DATED 02.08.2022
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2024:KER:77619
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED
IN MATHRUBHUMI,DATED 02.08.2022 IS PRODUCED
HEREWITH AND MARKED AS ANNEXURE-1
Annexure-11 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED
IN MALAYALA MANORAMA DAILY DATED 02.08.2022
IS PRODUCED HEREWITH MARKED AS ANNEXURE-11
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