Kerala High Court
Mary Mathew vs Union Of India on 23 October, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
Wednesday, the 23rd day of October 2024 / 1st Karthika, 1946
IA.NO.1/2024 IN WP(C) NO. 13932 OF 2018
APPLICANTS/PETITIONERS:
1. SMT.MARY MATHEW, W/O. LATE M.V. MATHEW, KLILIYANTHAL HOUSE,
AYYANPALLY P.O., ERNAKULAM DISTRICT.
2. SRI. MOJISH MATHEW, S/O. GEORGE MATHEW, M.M.GARDENS, CHURCH LANDING
ROAD, ERNAKULAM, KOCHI - 682016.
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF RAILWAY, CENTRAL SECRETARIAT, NEW DELHI -
1.
2. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS, CHENNAI, PIN -
600003, TAMIL NADU
3. THE DIVISION RAILWAY MANAGER (WORKS), SOUTHERN RAILWAY, DIVISIONAL
OFFICE, WORKS BRANCH, TRIVANDRUM - 695 001.
4. THE DIVISIONAL ENGINEER (SW) WORKS BRANCH, SOUTHERN RAILWAY,
DIVISIONAL OFFICE, THIRUVANANTHAPURAM - 695001.
5. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, CIVIL
STATION, KAKKANAD P.O., ERNAKULAM.
6. THE TALUK TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, PIN - 682011.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the
directions given to 4th respondent in the above judgment as those issued
to the 5th respondent and accordingly order correction of the rank of the
respondent as 5th respondent instead of 4th respondent in the last portion
of paragraph 6 and in relief No.(ii) of the judgment.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this court's judgment dated
02.09.2024, and upon hearing the arguments of M/S ABRAHAM MATHEW (VETTOOR)
and ANIL ABEY JOSE, Advocates for the applicants in IA/ petitioners in
WPC, CENTRAL GOVERNMENT COUNSEL for R1 in IA/ WPC, STANDING COUNSEL for R2
to R4 in IA/ WPC and of GOVERNMENT PLEADER for R5 to R6 in IA/ WPC, the
court passed the following:
HARISANKAR V. MENON, J.
===================
I.A.No.1 of 2024
in
W.P.(C) No.13932 of 2018
---------------------------------
Dated this the 23rd day of October, 2024
ORDER
This application has been presented by the petitioner in
the writ petition, pointing out that there are certain clerical
errors in the judgment dated 02.09.2024.
2. Having heard both sides, I am convinced that the
mistakes pointed out exist. Accordingly, the Registry to
substitute the last sentence in paragraph 6 of the judgment as
under;
"6. ......Therefore, Ext.P10, definitely requires a
refixation at the hands of the 5th respondent herein."
3. Similarly, the 7th paragraph of the judgment would also
be corrected as under;
"7. In the result, this writ petition is allowed, as
under:
(i). Ext.P10 is set aside.
(ii). The 5th respondent is directed to consider
the claim of the petitioners afresh after hearing the
I.A.No.1 of 2024 in
petitioners and also taking into account the distance of
the property of the petitioners and the property at
Item No.9 in Ext.P2 and to adopt the value at Item
No.9, to the extent it can be accommodated.
(iii). Needless to say that the petitioners would
also be entitled for interest in accordance with law."
Registry to issue a corrected certified copy of the
judgment to both parties.
Sd/-
HARISANKAR V. MENON
JUDGE
Scl/
23-10-2024 /True Copy/ Assistant Registrar
