IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 RP.No. 527 of 2008(N) -------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1190/2008 Dated 19/03/2008 ..................................... REVISION PETITIONER/PETITIONER IN THE W.P: --------------------------------------------------------- K.M. DASAN, SAHAKARANA TIMBERS AND SAW MILL, CHENGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SMT.M.M.DEEPA RESPONDENTS: RESPONDENTS 1 TO 3 IN THE W.P: ----------------------------------------------------------- 1. THE INTELLIGENCE OFFICER-II, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. 2. THE COMMERCIAL TAX OFFICER, CHAVAKKAD. 3. THE COMMERCIAL TAX OFFICER, 4TH CIRCLE, THRISSUR. BY GOVT. PLEADER, SMT. DEEPA. K.R THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. =================== R.P. NO. 527 OF 2008 IN W.P.(C)NO. 1190 OF 2008 =================== Dated this the 11th day of June, 2008 O R D E R The review petition has been filed contending that in relation to the subject matter of the writ petition, a suit was already filed as OS 1664/07 before the Munsiff's Court, Irinjalakuda and that the suit is pending. According to the petitioner, the findings in the judgment will cause prejudice to him in the adjudication of the issues arising in the suit and hence this review has been filed. First of all the pendency of the suit was not disclosed in the writ petition and if that was disclosed, the writ petition would have been dismissed for that ground itself. In the writ petition relief was declined as it was not possible to accept the case of the petitioner on the material produced in the writ petition. If the petitioner is able to establish his case in the civil court, by producing necessary proof, I do not think that this judgment should cause prejudice to him. Therefore, all that I need to clarify in this review petition is that the judgment of this court in the writ petition will not cause prejudice to the petitioner while RP No.527/08 in WPC 1190/08 :2 : adjudicating his rights before the Civil Court in the suit mentioned above and the court will decide the issue arising therein untramelled by the observations in the judgment. Review petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp