Shiby Varghese v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 RP.No. 78 of 2015 (N) IN WP(C).35335/2014 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 35335/2014 of HIGH COURT OF KERALA DATED 7.1.2015 --------------- REVIEW PETITIONER(S)/PETITIONER :- ------------------------------------ SHIBY VARGHESE, AGED 35 YEARS, S/O.GEEVARGHESE, ERUMALA, EUUKNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK ERNAKULAM DISTRICT - 683 549.
BY ADVS.SRI.C.AJITH KUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S)/RESPONDENTS :- ----------------------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE DEPUTY SUPERINTENDENT OF POLICE RURAL, ALUVA, ERNAKULAM DISTRICT - 683 101.
3. THE SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT - 683 549.
4. E.J.JOHN S/O.OUSEPH, ERUMALA, EKKUNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK ERNAKULAM DISTRICT - 683 549.
5. ELIAMMA JOHN W/O.E.T.JOHN, ERUMALA, EKKUNNAM KARA ASAMANNUR VILLAGE, KUNNATHUNADU TALUK ERNAKULAM DISTRICT. 683 549.
R4 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM R1-R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.
---------------------------------------- R.P. No.78 of 2015 in W.P.(C) No.35335 of 2014 ------------------------------------- Dated this the 3rd day of March 2015
O R D E R
Ashok Bhushan, Ag.CJ This review petition has been filed by the petitioner praying for recalling the judgment dated 7.1.2015 passed in W.P.(C) No.35335 of 2014.
2.
Learned counsel for the review petitioner submits that there was no civil dispute between the parties nor a decree was passed and that due to some mistake, the said fact has been informed to the court by the learned Government Pleader, which has been recorded in the last paragraph of the said judgment. 3.
Learned Government Pleader submits that due to inadvertent mistake, it has been submitted that there has been civil dispute between the parties and a decree has been passed. It is submitted that the issue was between the petitioner's father and the private respondents.
We find sufficient ground to recall the judgment. Hence, the review petition is allowed. The judgment dated
R.P. No.78 of 2015 in W.P.(C) No.35335 of 2014 -: 2 :- 7.1.2015 passed in W.P.(C) No.35335 of 2014 is recalled for hearing the matter again.
Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE //TRUE COPY// P.A. TO JUDGE Jvt