High Court of KeralaRP/382/2015allowed

C.P.Pocker v. State Of Kerala

2015-10-05Honourable Mr.Justice P.N.Ravindran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 RP.No. 382 of 2015 (N) IN WP(C).17537/2013 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 17537/2013 of HIGH COURT OF KERALA DATED 22-07-2014 REVIEW PETITIONER(S)/WRIT PETITIONER:

----------------------------------------------------------------------- ------------------------------------- C.P.POCKER MANAGER C.P POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL OZHUR, VELLACHAL P.O, MALAPPURAM DISTRICT BY ADV. SRI.M.R.ANISON RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT SECRTARIAT, TRIVANDRUM 695 001

2. THE DISTRICT EDUCATIONAL OFFICER,TIRUR-676 505 R BY GOVERNMENT PLEADER THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.N.RAVINDRAN, J.

- - - - - - - - - - - - - - - - - - - - - - R.P.No.382 of 2015 in W.P.(C)No.17537 of 2013 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th October, 2015

ORDER

Learned Government Pleader takes notice for the respondents. Service complete.

2. The prayer in this review petition is to review and recall the judgment delivered by me on 22.7.2014 dismissing W.P.(C) No.17537 of 2013 as withdrawn. The review petitioner has averred that he had not instructed his counsel to withdraw the writ petition and that his counsel had also not sought permission to withdraw the writ petition

3. Though it is not stated that it was due to a mistake of the court that the writ petition was dismissed as withdrawn, that appears to be the ground on which a review is sought. In such circumstances, as what the petitioner seeks is an adjudication of the writ petition on the merits, I am of the opinion that the judgment delivered by me on 22.7.2014

RP No.382/15 in WPC No.17537/2013 dismissing the writ petition, should be reviewed and recalled. Accordingly, I allow the review petition and review and recall the judgment delivered by me on 22.7.2014 in W.P.(C) No.17537 of 2013.Registry to post the writ petition for hearing as per roster, next week.

P.N.RAVINDRAN, JUDGE.

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