Union Of India v. Ellizabath Sipri

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 R.P.No. 847 of 2015 IN WA.1858/2013 -------------------------------------------------- AGAINST THE JUDGMENT IN WA 1858/2013 of HIGH COURT OF KERALA DATED 19-08-2015 REVIEW PETITIONER/APPELLANT:

---------------------------------------------- UNION OF INDIA REPRESENTED BY THE DEPUTY SECRETARY TO GOVERNMENT MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 001. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENTS:

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1. ELIZABATH SIPRI, W/O.LATE VARKEY SIPRI, KURUSINKAL VEEDU, KATTOORMURI KATOOR PO, ALAPPUZHA-688 522.

2. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION (FFA) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R BY SR. GOVERNMENT PLEADER SRI.P.FAZIL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ANTONY DOMINIC & SHAJI P. CHALY, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No.847 of 2015 in W.A.No.1858 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of October, 2015

ORDER

Antony Dominic, J.

Heard the counsel for the petitioner and have gone through the pleadings.

2. Judgment under review itself show that the contentions urged have been dealt with. Reading of the grounds of the review petition show that the contentions now urged in the petition were not urged at the time when the appeal was heard. Therefore, what is now attempted is the rehearing of the appeal on merits, which is impermissible in review petition.

3. We do not see any ground to review the judgment which have been rendered in the peculiar facts of the case. Review petition is dismissed accordingly.

ANTONY DOMINIC JUDGE SHAJI P. CHALY JUDGE jes