IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 RP.No. 899 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN FAO.227/2011 Dated 15/11/2011 ............................................................ REVIEW PETITIONER(S): -------------------- 1. STATE OF KERALA REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM. 4. THE ASSISTANT CONSERVATOR OF FORESTS, MANKULAM DIVISION AT ADIMALI, MANNAMKANDAM VILLAGE. BY G.P. SRI. T.R RAVI RESPONDENT(S): ------------- 1. EVATHINAL KANAKAMANY THAMPURATTY, W/O. P. SUNDAR RAJAN, RESIDING AT 41/612, KALABHAVAN, ST. MARTIN CHURCH ROAD, PALARIVATTOM, KOCHI-25. 2. AVITTAMNAL KALPAKAVALLY THAMPURATTY, W/O. K.R KERALA VARMA, RESIDING AT RAJA MANDIRAM PALACE, THONNALLOOR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 3. GEETHA R. VARMA, D/O. PUNARTHAMNAL KASTHURIBAI THAMPURATTY, RESIDING AT VIJAYADHAMAM PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. SP -2- RP.No. 899 of 2011() --2-- 4. MINI VARMA, W/O. RAVI VARMA THAMPURAN, RESIDING AT SUDARSANA PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 5. MOHANKUMAR, S/O. ATHAMNAL KAMALADEVI THAMPURATTY, RESIDING AT SUDARSANA PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 6. HEMA R.K., S/O. MOHAN, RESIDING AT RAJA MANDIRAM PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 7. SYAMA R.K., W/O. HARIKRISHNA VARMA, RESIDING AT RAJA MANDIRAM PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 8. PURAMNAL SURENDRA VARMA RAJA, S/O. LATE P.R RAMA VARMA RAJA, RESIDING AT VIJAYADHAMAM PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. 9. ANIL S. RAJ, S/O. P. SUNDAR RAJAN, RESIDING AT 41/612, KALABHAVAN, ST. MARTIN CHURCH ROAD, PALARIVATTOM, KOCHI-25. 10. DR. ASHOK S. RAJ, S/O. P. SUNDAR RAJAN, RESIDING AT 41/612, KALABHAVAN, ST. MARTIN CHURCH ROAD, PALARIVATTOM, KOCHI-25. 11. ARUN S. RAJ, S/O. P. SUNDAR RAJAN, RESIDING AT 41/612, KALABHAVAN, ST. MARTIN CHURCH ROAD, PALARIVATTOM, KOCHI-25. 12. MADHUKUMAR VARMA, S/O. ATHAMNAL KAMALADEVI THAMPURATTY, RESIDING AT SUDARSANA PALACE, THONNALLUR, PANDALAM, PATHANAMTHITTA DISTRICT - 689 501. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SP P.BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - R.P.No.899 of 2011 in F.A.O.No.227 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 J U D G M E N T This review petition has been filed by the State against order dated 15.11.2011, whereby this court directed that the interim order of the trial court as well as the lower appellate court regarding possession will continue till the disposal of the appeal. 2. In the review petition it is pointed out that the submissions before this Cour that there was an injunction against the state from interfering with the possession of the plaintiff during the pendency of the suit and in the appeal are not correct as there was no such injunction at all. It is therefore contended that the interim order happened to be passed on a wrong premises and it is claimed that the order is liable to be reviewed as there is error apparent on the basis of records. 3. Sri. Dinesh R. Shenoy appearing for the respondents -:2:- R.P.No.899 of 2011 pointed out that the commissioner had reported that the plaintiffs were in possession of the suit property and it was under such circumstances submission was made, that the plaintiffs were in possession. 4. Even assuming that there was no such injunction as claimed by the plaintiffs, all that this Court has done is to retain the order passed by the lower courts during the pendency of the suit and the appeal, till the dismissal of the appeal by this Court. There are no grounds to review the said order and there is no merit in the review petition and is accordingly dismissed. P.BHAVADASAN JUDGE kkj