Kerala High Court
Sujatha Boban vs Asha Lawrence on 29 October, 2025
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA,
1947
RP NO. 662 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN WA NO.1857
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT/PETITIONER:
ASHA LAWRENCE
AGED 54 YEARS
D/O LATE M.M.LAWRENCE, FLAT NO.41,
NARMADA APARTMENTS, DR.B.D.MARG,
NEW DELHI, PIN - 110001
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
SMT.SREERAJA V.
SMT.LAXMI PRIYAA N.P.
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
2
DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM, PIN - 682031
2 D.I.G AND COMMISSIONER OF POLICE
POLICE COMMISSIONERATE, ERNAKULAM, PIN - 682017
3 STATION HOUSE OFFICER
ERNAKUALAM KAZABA POLICE STATION KACHERIPPADI,
ERNAKUALAM NORTH, KOCHI, PIN - 682018
4 GOVERNMENT MEDICAL COLLEGE, KALAMASSERY
REPRESENTED BY ITS PRINCIPAL H.M.T.COLONY,
NORTH KALAMASSERY, ERNAKULAM, PIN - 683503
5 M.L.SAJEEVAN,
S/O.M.M.LAWRENCE, RESIDING AT BETHEL,
ST.SEBSTIAN ROAD ELAMKULAM, KOCHI, PIN - 682020
6 SUJATHA BOBAN
D/O LATE M.M. LAWRENCE HEBRON, VAKKATTU ROAD NEAR
HOLIDAY INN HOTEL CHAKKARAPARAMBU,
ERNAKULAM, PIN - 682032
7 VICAR
ST.FRANCIS XAVIERS CHURCH, KATHRIKADAVU, KALOOR,
KOCHI, PIN - 682017
8 COMMUNIST PARTY OF INDIA (MARXIST)
REPRESENTED BY ITS DISTRICT SECRETARY,
LENIN CENTER, BANERJEE ROAD, KALOOR,
KOCHI, PIN - 682017
9 PRATHAP SOMANATH
PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
KALAMASSERY H.M.T.COLONY, NORTH KALAMASSERY,
ERNAKULAM, PIN - 683503
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
3
0 DR.GANESH MOHAN
MEDICAL SUPERINTENDENT, GOVERNMENT MEDICAL
COLLEGE, KALAMASSERY H.M.T.COLONY, NORTH
KALAMASSERY, ERNAKULAM, PIN - 683503
BY ADVS.
GOVERNMENT PLEADER
SHRI.D.G.VIPIN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SHRI.DANIEL A.J.
SMT.MANISHA V.V
SHRI.J.AMALDEV
SRI.V.V.SIDHARTHAN (SR.)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
29.10.2025, ALONG WITH RP.740/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA,
1947
RP NO. 740 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN WA NO.1865
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT:
SUJATHA BOBAN
AGED 62 YEARS
D/O LATE M.M. LAWRENCE HEBRON, VAKKATTU ROAD,
NEAR HOLIDAY INN HOTEL CHAKKARAPARAMBU,
ERNAKULAM, PIN - 682032
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.HARISANKAR N UNNI
SMT.ANITHA RAVINDRAN
RESPONDENTS/RESPONDENTS:
1 ASHA LAWRENCE
AGED 54 YEARS
D/O LATE M.M.LAWRENCE, FLAT NO.41,
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
5
NARMADA APARTMENTS, DR.B.D.MARG,
NEW DELHI, PIN - 110001
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 D.I.G AND COMMISSIONER OF POLICE
POLICE COMMISSIONERATE, ERNAKULAM, PIN - 682017
4 STATION HOUSE OFFICER
ERNAKUALAM KAZABA POLICE STATION KACHERIPPADI,
ERNAKUALAM NORTH, KOCHI, PIN - 682018
5 GOVERNMENT MEDICAL COLLEGE
KALAMASSERY REPRESENTED BY ITS PRINCIPAL
H.M.T.COLONY, NORTH KALAMASSERY,
ERNAKULAM, PIN - 683503
6 M.L. SAJEEVAN
S/O.M.M.LAWRENCE, RESIDING AT BETHEL,
ST.SEBSTIAN ROAD ELAMKULAM, KOCHI, PIN - 682020
7 VICAR
ST.FRANCIS XAVIERS CHURCH, KATHRIKADAVU, KALOOR,
KOCHI, PIN - 682017
8 COMMUNIST PARTY OF INDIA (MARXIST)
REPRESENTED BY ITS DISTRICT SECRETARY, LENIN
CENTER, BANERJEE ROAD, KALOOR, KOCHI,
PIN - 682017
9 PRATHAP SOMANATH
PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
KALAMASSERY H.M.T.COLONY, NORTH KALAMASSERY,
ERNAKULAM, PIN - 683503
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
6
0 DR. GANESH MOHAN
MEDICAL SUPERINTENDENT
GOVERNMENT MEDICAL COLLEGE, KALAMASSERY
H.M.T.COLONY, NORTH KALAMASSERY,
ERNAKULAM, PIN - 683503
BY ADVS.
GOVERNMENT PLEADER
SHRI.D.G.VIPIN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SHRI.DANIEL A.J.
SMT.MANISHA V.V
SHRI.J.AMALDEV
SRI.V.V.SIDHARTHAN (SR.)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
29.10.2025, ALONG WITH RP.662/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
7
NITIN JAMDAR, C.J.
&
S.MANU, J.
-----------------------------------------------------------
R.P.No.662 of 2025 in W.A.No.1857 of 2024
&
R.P.No.740 of 2025 in W.A.No.1865 of 2024
-----------------------------------------------------------
Dated this the 29th day of October, 2025
ORDER
S.MANU, J.
We noted that it was better to obtain a quietus in the case as
quickly as feasible when we concluded the common judgement in
W.A.1857 and 1865 of 2024. The aforementioned observation was
made in light of the unfortunate sibling quarrel that resulted in the
dispute over the deceased Mr. M.M. Lawrence's mortal remains. The
legal battle, however, went on. The judgment in the writ appeals was
challenged before the Hon'ble Apex Court. The challenge was repelled
and SLPs were dismissed. Afterwards review petitions were filed before
the learned Single Judge, a fact not revealed in the review petitions
placed before us, but pointed out in the counter affidavits. Learned
Single Judge dismissed the review petitions. Thereafter, these review
petitions were filed.
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
2. Scope of the review jurisdiction is constricted and well outlined.
It cannot be an appeal in disguise. A review cannot be filed for a
rehearing and fresh decision of a case. Finality is attached to a judgment
and it cannot be reviewed except where a glaring omission or a patent
mistake or grave error had crept in the judgment.
3. In these review petitions the ground raised is with regard to a
video clip claimed to have recovered after the disposal of the appeals
and Special Leave Petitions. Petitioners claim that late Mr.Lawrence
had expressed his wish to bury his body following religious practices, in
the said video clip. Their contention virtually is that the said relevant
material could not be brought to the notice of the court during hearing
of appeals despite due diligence and hence the judgment is liable to be
reviewed.
4. The contesting party Respondent and the Principal of
Government Medical College, Kalamassery have filed counter
affidavits contending that the review petitions are not maintainable
either in law or on facts. The contesting party Respondent has disputed
the reliability and genuineness of the video clip.
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
5. Heard the learned counsel for the Petitioners; learned Senior
Counsel appearing for the contesting party Respondent and the learned
Government Pleader.
6. On considering the arguments advanced and the materials placed
before us, we are of the definite view that no ground is made out for
exercising the review jurisdiction. We do not proceed to analyse and to
comment upon the reliability of the video clip produced by the
Petitioners. However we note that the Petitioners have no specific case
as to when the video clip was recorded.
7. We had analyzed the relevant provisions of the Kerala Anatomy
Act in the judgment sought to be reviewed. In view of Section 4A,
what is germane is the expression of unequivocal request for donating
the body by a person during his last illness.
8. The competent authority after an inquiry had found that the
deceased had expressed his wish as contemplated under Section 4A. We
concluded that there was no reason to find fault with the findings and
to interfere.
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
9. Even if the material now sought to be relied on by the Petitioners
was also placed for consideration in the earlier round, it would not have
made any difference in the outcome of the appeals since they do not
have a case that the alleged expression of the deceased was
videographed during his last illness.
10. Hence we find no reasons to review the judgment in the writ
appeals. Review petitions are therefore dismissed.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
MC
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF VIDEO SHOWING THE DECEASED
EXPRESSING HIS WISH DATED NIL.
Annexure A-2 TRUE COPY OF THE PHOTOGRAPH DATED NIL
Annexure A-3 TRUE COPY OF THE PHOTOGRAPH DATED
23.09.2024
Annexure A-4 TRUE COPY OF THE ORDER OF THE APEX
COURT IN SLP NOS. 897/2025 & 898/2025
DATED 15.01.2025
RESPONDENT ANNEXURES
Annexure R5(a) True copy of the order dated 11.04.2025
in R.P.No.280 of 2025 of this
Honourable Court.
R.P.No.662 of 2025 in W.A.No.1857 of 2024 & 2025:KER:81318
R.P.No.740 of 2025 in W.A.No.1865 of 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE VIDEO SHOWING THE
DECEASED EXPRESSING HIS WISH DATED NIL
Annexure A2 TRUE COPY OF THE PHOTOGRAPH DATED NIL
Annexure A3 TRUE COPY OF THE PHOTOGRAPH DATED
23.09.2024
Annexure A4 TRUE COPY OF THE ORDER OF THE APEX
COURT IN SLP NOS. 897/2025 & 898/2025
DATED 15.01.2025
RESPONDENT ANNEXURES
Annexure R6(a) True copy of the order dated 11.04.2025
in R.P.280 of 2025 of this Honourable
Court.
