G.L.Vinayakumar v. Arunkumar G
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 RP.No. 205 of 2015 (I) IN WP(C).33488/2014 -------------------------------------------- AGAINST THE ORDER IN WP(C) 33488/2014 of HIGH COURT OF KERALA DATED 23.12.2014 REVIEW PETITIONER/NOT A PARTY IN PERSONAL CAPACITY: ---------------------------------------------------------------------------------------- G.L.VINAYAKUMAR, S/O. GOPINATH PILLAI, AGED 52 YEARS, CHAMAKKALA HOUSE, PANAYANCHERRY, ANCHAL P.O., KOLLAM - 691 306.
BY ADVS.SRI.P.K.SURESH KUMAR (SR.) SRI.SANTHEEP ANKARATH RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
--------------------------------------------------------------------------------- 1.
ARUNKUMAR G., VALIYAPUTHUSSERIL VADAKKATHIL, KADAKKAD NORTH, PANDALAM - 689 501.
2.
TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM - 695 004.
3.
DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM - 695 004.
4.
EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PIN - 689 622.
5.
EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, PAMPA.
6.
SPECIAL COMMISSIONER, TRAVANCORE DEVASWOM BOARD, SABARIMALA, PIN - 689 622.
RP.No. 205 of 2015 7.
DIRECTOR, LOCAL FUND AUDITS, THIRUVANANTHAPURAM - 695 001.
8.
ANISH T.V.
THANNIMOOTTIL, THRIKKODITHANAM PO, CHANGANASSERY - 686 105.
R1 BY SRI.K.SASIKUMAR R2 to R4 BY SRI.V. KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD R5 TO R7 BY SR. GOVERNMENT PLEADER SRI.A.RANJITH R BY SRI.V.K.SUNIL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 205 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A1:
COPY OF SITE PLAN OF THE TOILET COMPLEX IN PAMPA MANAPPURAM.
RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE VPV
P.N.RAVINDRAN & A.HARIPRASAD, JJ.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= R.P.No.205 of 2015 in W.P.(C)No.33488 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of February, 2015
ORDER
P.N.Ravindran, J.
This is a petition filed by the fourth respondent in the writ petition in his personal capacity seeking a review of the interim order passed by this Court on 23.12.2014 to the extent it directs the Travancore Devaswom Board to initiate appropriate action against him. Such a direction was issued after entering a finding that the review petitioner, an Executive Engineer in the service of the Travancore Devaswom Board, who was stationed at Pampa during the relevant time, had attempted to convey false information to this Court.
2. After hearing Sri.P.K.Suresh Kumar, learned Senior Advocate appearing for the review petitioner, Sri.K.Sasikumar, learned counsel appearing for the writ petitioner, Sri.V.Krishna Menon, learned standing counsel appearing for the Travancore Devaswom Board and Sri.A.Ranjith, learned Senior Government Pleader appearing for the State of Kerala, we are satisfied that the observations against the petitioner were made without affording him an opportunity to state his case. We are also satisfied that the
R.P.No.205 of 2015 in W.P.(C)No.33488 of 2014 fact that the instructions given by the review petitioner to the standing counsel appearing for the Travancore Devaswom Board is not happily worded might have persuaded us to come to the conclusion that he had attempted to convey false information to this Court. In any case, the report submitted by the Medical Officer after inspecting the toilet blocks on the next day namely 20.12.2014, discloses that the state of affairs that obtained as on 19.12.2014 had been set right. Such being the situation, we are satisfied that the observations and findings in the impugned interim order against the review petitioner should be reviewed and recalled. We accordingly review and recall the observation in the interim order passed by us on 23.12.
2014 to the effect that the review petitioner, an Executive Engineer of the Travancore Devaswom Board at Pampa had attempted to convey false information to this Court and the direction issued to the Travancore Devaswom Board to initiate appropriate action against him. The review petition is allowed as above. No costs. Sd/- P.N.RAVINDRAN JUDGE Sd/- A.