Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944 RP NO. 128 OF 2023 AGAINST THE JUDGMENT DT. 01.12.2017 IN WP(C) 17369/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER: P.DAMODARAN, AGED 63 YEARS, S/O. MANIYARA RAMAN, VILLAGE ASSISTANT, PADNE VILLAGE, KASARAGOD DISTRICT, PIN - 671121 BY ADV M.SASINDRAN RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER OF GOVERNMENT EXAMINATIONS THIRUVANANTHAPURAM, PIN - 695012 OTHER PRESENT: SRI. SUNIL KUMAR KURIAKOSE, GOVT. PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
Dated this the 21st day of March, 2023
O R D E R
The writ petition was dismissed by this Court recording the submission of the learned counsel for the petitioner that the matter has become infructuous. The writ petition was filed seeking correction of the date of birth in the school records.
2. The learned counsel for the petitioner had, on a
mistaken comprehension, submitted before the Court that since the petitioner has crossed the retirement age the writ petition has become infructuous. It is accordingly that the writ petition was dismissed as infructuous. The writ petitioner wants to pursue the writ petition. The submission of the learned counsel that the matter has
become infructuous was obviously an error. The judgment
is liable to be reviewed. -: 2 :- Resultantly, the review petition is allowed. The
judgment dated 01.12.2017 is reviewed and recalled. The
writ petition is restored back to file. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P.S. to Judge APPENDIX OF RP 128/2023 PETITIONER ANNEXURES Annexure AI A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE COUNSEL FOR THE PETITIONER