K.B.Jayakrishnan vs the Tahsildar,

K.B.Jayakrishnan vs The Tahsildar,

Type Court Judgment Court Kerala Decided Mar 17, 2022

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https://sooperkanoon.com/case/1442991

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Citation: sooperkanoon.com/1442991
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Mar 17, 2022
Case Number: RP/54/2022

Parties & Advocates

Appellant / Petitioner

K.B.Jayakrishnan

Respondent

The Tahsildar,

Excerpt

.....his learned counsel - sri.r. harisankar, is without basis because, at the time when the judgment sought to be reviewed was delivered, the afore mentioned crps were pending. now that said revision have been admittedly disposed of and the matter is remitted to the appellate authority (lr) alappuzha, for consideration, everything which isstated in the judgment sought to be reviewed will depend upon the decision to be taken by the said appellate authority and also by subsequent judicial pronouncements, if any, in future.3. to paraphrase, merely because the crps have now been disposed of, none of the benefits granted bythis court to the review petitioner will be withdrawn and such will be done only after the legal proceedings ends, either through the orders of the appellate authority or subject to any further orders to be issued by other competent judicial forums in future.this review petition is thus disposed of. sd/- devan ramachandran judge anb appendix of rp 54/2022 petitioner annexures annexure i true copy of common order of this hon'ble court dated 08.12.2021 in crp (lr) 54/2021 and crp. (lr)55/2021. annexure ii true copy of the application dated 01.10.2021 submitted by petitioner before the 2nd respondent. annexure iii true copy of advertisement dated 16.11.2021 published by the 2nd annexure iv true copy of possession certificate dated 06.11.2021 issued by the 2nd annexure v true copy of letter dated 08.11.2021 issued by 2nd respondent along with annexure iv.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943 AGAINST THE ORDER/JUDGMENT IN WP(C) 15241/2021 OF HIGH COURT OF KERALA REVIEW PETITIONER: K.B.JAYAKRISHNAN AGED 64 YEARS S/O. LATE BALAKRISHNAN, KUNNUKAD HOUSE, THOTTUPALAM, KINASSERY P.O., PALAKKAD-678701. BY ADVS. R.HARISHANKAR PARVATHY NAIR RESPONDENTS: 1 THE TAHSILDAR, TALUK OFFICE, ALATHUR, PALAKKAD,PIN-678541. 2 THE VILLAGE OFFICER THENKURUSSI-1 VILLAGE, PALAKKAD, PIN-678671. 3 VINAYAK KOMBAN AGED 42 YEARS S/O.RAM MOHAN, KUNNUKADU HOUSE, VILAYAM CHATHANNUR, P.O, THENKURISSI, ALATHUR, PIN-678 671 BY ADV JOMY GEORGE OTHER PRESENT: SMT. AMMINIKUTTY ,SR.G.P THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This petition, seeking review of the judgment of this Court dated 25/10/2021, has been filed on the apprehension that since the Civil Revision Petitions (CRPs) mentioned therein have been ordered, remitting the matter to the competent Appellate Authority (LR) Alappuzha, the benefits under the judgment would now stand withdrawn .

2. I must say that the afore apprehension of the petitioner, as voiced by his learned counsel - Sri.R. Harisankar, is without basis because, at the time when the judgment sought to be reviewed was delivered, the afore mentioned CRPs were pending. Now that said Revision have been admittedly disposed of and the matter is remitted to the Appellate Authority (LR) Alappuzha, for consideration, everything which is

stated in the judgment sought to be reviewed will depend upon the decision to be taken by the said Appellate Authority and also by subsequent judicial pronouncements, if any, in future.

3. To paraphrase, merely because the CRPs have now been disposed of, none of the benefits granted by

this Court to the review petitioner will be withdrawn and such will be done only after the legal proceedings ends, either through the orders of the Appellate Authority or subject to any further orders to be issued by other competent judicial Forums in future.

This review petition is thus disposed of. Sd/- DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF RP 54/2022 PETITIONER ANNEXURES Annexure I TRUE COPY OF COMMON ORDER OF THIS HON'BLE COURT DATED 08.12.2021 IN CRP (LR) 54/2021 AND CRP. (LR)55/2021. Annexure II TRUE COPY OF THE APPLICATION DATED 01.10.2021 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. Annexure III TRUE COPY OF ADVERTISEMENT DATED 16.11.2021 PUBLISHED BY THE 2ND Annexure IV TRUE COPY OF POSSESSION CERTIFICATE DATED 06.11.2021 ISSUED BY THE 2ND Annexure V TRUE COPY OF LETTER DATED 08.11.2021 ISSUED BY 2ND RESPONDENT ALONG WITH ANNEXURE IV.

Same Court & Year Kerala · 2022 Same Parties K.B.Jayakrishnan vs The Tahsildar, Same Judge Honourable Mr. Justice Devan Ramachandran