IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 RP.No. 1195 of 2007(M) -------------------------------- AGAINST THE JUDGEMENT IN WPC.15458/2005 Dated 11/05/2007 .................... REVIEW PETITIONERS/RESPONDENTS 4 & 5 --------------------------------------------------------------- 1. NOUSHAD, S/O ABDUL AZEEZ, N.S.MANZIL, T.C.41/2445, UDAYA COMPOUND, ERUTHIVILAHATHUMURI, MUTTATHARA P.O., THIRUVANANTHAPURAM. 2. ABDUL AZEEZ, N.S.MANZIL, T.C.41/2445, UDAYA COMPOUND, ERUTHIVILAHATHUMURI, MUTTATHARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3 & 6 ------------------------------------------------------------------------------------- 1. J.SASIKUMARI AMMA, BEETHREE BUILDINGS, T.C.NO.11/52(1), P.M.G.JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 2. L.S.BEENA, BEETHREE BUILDINGS, T.C.NO.11/52(1), P.M.G.JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 3. TRIVANDRUM DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 4. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM CITY CORPORATION, THIRUVANANTHAPURAM. 5. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.S.SREEKUMAR R5 & R6 BY SR.GOVERNMENT PLEADER SRI.P.K.BABU SRI.K.A.JALEEL, SC., TRIDA FOR R3 SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R4 SRI.P.K.MANOJKUMAR FOR R4 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27/02/2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------------------- R.P.No.1195 of 2007 in W.P.(C) No.15458 of 2005 ------------------------------------------ Dated, this the 27th day of February, 2009 ORDER Sri.P.Gopalakrishnan Nair is right when he submits that this Court did not examine the merits of the various grounds raised in the writ petition while disposing of the writ petition and that it was taking into account Ext.P3 Government order which is under challenge in W.P.(C) No.510 of 2009, that the wit petition was disposed of. I feel that there is justification for recalling the impugned judgment. Hence the impugned judgment is recalled and W.P.(C) No.15458 of 2005 is posted for hearing before appropriate court. It is clarified that merits of the contentions raised in the writ petition were not examined by this Court while passing the judgment which is now recalled and the decision was taken relying on Ext.P3 under challenge in W.P.(C) No.510 of 2009. Review petition is allowed. PIUS C. KURIAKOSE, JUDGE vns