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Pathrose vs the District Collector

Pathrose vs The District Collector

Type Court Judgment Court Kerala Decided Feb 26, 2021
~2 min read
https://sooperkanoon.com/case/1602362

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
RP/123/2021

Parties & Advocates

Appellant / Petitioner

Pathrose

Respondent

The District Collector

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.k.jayasankaran nambiar friday, the 26th day of february 2021/7th phalguna, 1942 r.p.no.123 of 2021 in w.p(c).no.2353 of 2021 against the judgment dated 29.1.2021 in w.p(c).no.2353/2021(t) of high court of kerala review petitioner/petitioner: pathrose aged 81 years, s/o.varkey, thettayil house, kothakkulangara, angamaly, ernakulam district. by adv. shri.n.krishna raja mauli respondents/respondents:1 the district collector civil station, kakkanad, ernakulam - 682 021 2 revenue divisional officer, k b jacob road, fort kochi, ernakulam - 682 001 3 the tahsildar, aluva taluk office, aluva, ernakulam district 683101 4 the village officer nedumbassery village office, nedumbassery, ernakulam district 683585 by sri.c.k.govindan, sr. govt. pleader this review petition having come up for admission on 26.02.2021, the court on the same day passed the following:r.p.no.123/2021 in :: 2 :: w.p.(c).no.2353/2021ordergoing through the averments in the review petition, i find that i have disposed the writ petition with a direction to the 3rd respondent to consider and pass orders on ext.p3 representation, in the light of ext.p2 order, passed under clause6(2) of the kerala land utilisation order. the prayer in the review petition is for this court to issue a further direction directing the respondents to pass orders in favour of the petitioner. the said course of action was never contemplated at the time of disposal of the writ petition nor can it be a ground for reviewing the earlier judgment dated 29.1.2021 in w.p. (c).no.2353/2021. the review petition fails, and is accordingly dismissed.sd/- a.k.jayasankaran nambiar judge prp/27/2/21

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 26TH DAY OF FEBRUARY 2021/7TH PHALGUNA, 1942 R.P.No.123 OF 2021 IN W.P(C).NO.2353 OF 2021 AGAINST THE JUDGMENT DATED 29.1.2021 IN W.P(C).NO.2353/2021(T) OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER: PATHROSE AGED 81 YEARS, S/O.VARKEY, THETTAYIL HOUSE, KOTHAKKULANGARA, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SHRI.N.KRISHNA RAJA MAULI RESPONDENTS/RESPONDENTS:

1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM - 682 021 2 REVENUE DIVISIONAL OFFICER, K B JACOB ROAD, FORT KOCHI, ERNAKULAM - 682 001 3 THE TAHSILDAR, ALUVA TALUK OFFICE, ALUVA, ERNAKULAM DISTRICT 683101 4 THE VILLAGE OFFICER NEDUMBASSERY VILLAGE OFFICE, NEDUMBASSERY, ERNAKULAM DISTRICT 683585 BY SRI.C.K.GOVINDAN, SR. GOVT. PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.NO.123/2021 IN :: 2 :: W.P.(C).NO.2353/2021

ORDER

Going through the averments in the Review Petition, I find that I have disposed the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P3 representation, in the light of Ext.P2 order, passed under Clause

6(2) of the Kerala Land Utilisation Order. The prayer in the Review Petition is for this Court to issue a further direction directing the respondents to pass orders in favour of the petitioner. The said course of action was never contemplated at the time of disposal of the Writ Petition nor can it be a ground for reviewing the earlier judgment dated 29.1.2021 in W.P. (C).No.2353/2021. The Review Petition fails, and is accordingly dismissed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/27/2/21

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