Thomas vs Babu - Court Judgment

SooperKanoon Citationsooperkanoon.com/1339319
CourtKerala High Court
Decided OnJan-06-2023
Case NumberRP/221/2022
JudgeHonourable Mrs. Justice Anu Sivaraman
AppellantThomas
RespondentBABU
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman friday, the 6th day of january 2023 / 16th pousha, 1944 rp no. 221 of 2022 against the order/judgment in wp(c) 30759/2021 of high court of kerala review petitioner: thomas aged 72 years s/o.varkey, residing in the address paraben house by adv g.sreekumar (chelur) respondents: 1 babu aged 74 years s/o. varkey, residing in the address paraben house 2 the station house officer, chengamanad police station, chengamanad p.o., ernakulam district-683 578 3 the superintendent of police , ernakulam rural, aluva, ernakulam district-683 101 sri.c.k.rapheeque sri.shinoj k.n. sri.t.k.shajahan, sr.gp this review petition having come up for admission on 06.01.2023, the court on the same day delivered the following:orderdated this the 6th day of january, 2023 it is submitted by the learned counsel appearing for the writ petitioner/1st respondent in the review petition that the pathway in question will be used only as a pathway and that it was only for the construction purposes that some materials had to be unloaded in the pathway. it is stated that the materials were immediately removed for the construction as well. it is further submitted that there will be no storing of materials for the construction in the pathway in question. the said submission is recorded and the review petition is closed. sd/- anu sivaraman judge np appendix of rp 221/2022 petitioner’s annexures annexure i a true copy of the photograph taken by the review petitioner dated nil annexure ii a true copy of the commissioners report in os no.400 of 20 dated 28.1.22 respondents’ annexures: annexure r1(a) photographs of disputed way and the new annexure r1(b) photographs of disputed way and the new
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944 RP NO. 221 OF 2022 AGAINST THE ORDER/JUDGMENT IN WP(C) 30759/2021 OF HIGH COURT OF KERALA REVIEW PETITIONER: THOMAS AGED 72 YEARS S/O.VARKEY, RESIDING IN THE ADDRESS PARABEN HOUSE BY ADV G.SREEKUMAR (CHELUR) RESPONDENTS: 1 BABU AGED 74 YEARS S/O. VARKEY, RESIDING IN THE ADDRESS PARABEN HOUSE 2 THE STATION HOUSE OFFICER, CHENGAMANAD POLICE STATION, CHENGAMANAD P.O., ERNAKULAM DISTRICT-683 578 3 THE SUPERINTENDENT OF POLICE , ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-683 101 SRI.C.K.RAPHEEQUE SRI.SHINOJ K.N. SRI.T.K.SHAJAHAN, SR.GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 6th day of January, 2023 It is submitted by the learned counsel appearing for the writ petitioner/1st respondent in the review petition that the pathway in question will be used only as a pathway and that it was only for the construction purposes that some materials had to be unloaded in the pathway. It is stated that the materials were immediately removed for the construction as well. It is further submitted that there will be no storing of materials for the construction in the pathway in question. The said submission is recorded and the review petition is closed. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF RP 221/2022 PETITIONER’S ANNEXURES Annexure I A TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE REVIEW PETITIONER DATED NIL Annexure II A TRUE COPY OF THE COMMISSIONERS REPORT IN OS NO.400 OF 20 DATED 28.1.22 RESPONDENTS’ ANNEXURES: Annexure R1(A) PHOTOGRAPHS OF DISPUTED WAY AND THE NEW Annexure R1(B) PHOTOGRAPHS OF DISPUTED WAY AND THE NEW