B. George v. The Varkala Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 RP.No. 810 of 2015 (F) IN WP(C).24260/2012 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 24260/2012 of HIGH COURT OF KERALA DATED 04-08-2015.

REVIEW PETITIONER(S)/PETITIONER:

----------------------------------------------------- B. GEORGE, PROPRIETOR, SHIBU, GENERAL ENGINEERING WORKS, OPPOSITE TO MUNICIPAL OFFICE, VARKALA, PIN-695141. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S)/RESPONDENTS:

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1. THE VARKALA MUNICIPALITY REPRESENTED BY SECRETARY, OFFICE OF THE MUNICIPALITY, VARKALA P.O., PIN-695141.

2. THE ENVIRONMENT ENGINEER, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM-695001.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

4. BINDU, AGED 49 YEARS W/O. P.BHADRAN, RESIDING AT "SREE"

NEAR RAILWAY STATION, VARKALA, THIRUVANANTHAPURAM PIN-695141.

R2 BY ADV. SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R3 BY GOVERNMENT PLEADER, SRI.A.MOHAMMED SAVAD R4 BY ADV. SRI.M.RAJENDRAN NAIR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.T.O.

RP.No. 810 of 2015 (F) IN WP(C).24260/2012 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1:

THE TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.24260/2012(F) DATED 4TH DAY OF AUGUST, 2015.

EXHIBIT P2:

THE TRUE PHOTOCOPY OF THE NOTICE NO.H1/10735/15 DT. 08.09.2015. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE St-

SHAJI P. CHALY, J.

-------------------------------------------------- R.P. No.810 of 2015 in W.P.(C) No.24260 of 2012 ----------------------------------------------- Dated this the 28th day of September, 2015

ORDER

W.P.(C) No.24260 of 2012 was dismissed on 04.08.2015 recording the submission that the matter has become infructuous.

2.

Now a Review Petition is filed by the learned counsel for the petitioner contending that there was no submission made by the learned counsel for the petitioner Sri. R. Anilkumar on 04.08.2015 that the matter has become infructuous. He further contends that some other counsel might have mistakenly represented the case and therefore in the interest of justice, the judgment is to be reviewed.

3.

In that view of the matter, the judgment in W.P.(C) No.24260 of 2012 dated 04.08.2015 is reviewed. Post the writ petition for hearing.

Sd/- SHAJI P. CHALY JUDGE St/-28.09.2015