IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 RP.No. 58 of 2011(F) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.33238/2007 DATED 26/11/2010 .................... REVIEW PETITIONERS/RESPONDENTS 1, 2 & 3: ---------------------------------------------------------------------- 1. DILEEPKUMAR PANICKER, S/O.A.R. SATHIYAVATHY, CHEMBAKA NIKETHAN, THYCAUD P.O. THIRUVANANTHAPURAM, NOW RESIDING AT TC. 2/2051, JEEVAN NAGAR, PATTOM P.O., THIRUVANANTHAPURAM PIN-695 004, (REP.BY HIS POWER OF ATTORNEY HOLDER C.S. USHA KIRAN, 2ND REVIEW PETITIONER). 2. C.S. USHA KIRAN, D/O.A.R. SATHIYAVATHY, CHEMBAKA NIKETHAN, THYCAUD P.O., THIRUVANANTHAPURAM, NOW RESIDING AT TC. 2/2051 JEEVAN NAGAR, PATTOM P.O., THIRUVANANTHAPURAM PIN-695 004. 3. C.S. DHARMARAJA PANICKER, S/O.A.R. SATHIYAVATHY, CHEMBAKA NIKETHAN, THYCAUD P.O., THIRUVANANTHAPURAM, NOW RESIDING AT TC. 2/2051, JEEVAN NAGAR, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004. BY ADV. SRI.N.R.SURESH KUMAR RESPONDENTS/ADDL. PETITIONERS 1 TO 3 AND RESPONDENT 4: ------------------------------------------------------------------------------------------------- 1. G. SATHYASEELA, T.C.2/1252-2, `GOWRI', POTTAKUZHY, PATTOM, THIRUVANANTHAPURAM-695 004. 2. P.S. LEKSHMI, (D/O.LATE PEETHAMBARAN) T.C.2/1252-2, `GOWRI', POTTAKUZHY, PATTOM, THIRUVANANTHAPURAM-695 004. RP.No. 58 of 2011(F) 3. P.S. GOPAL, (S/O.LATE PEETHAMBARAN), T.C.2/1252-2, `GOWRI', POTTAKUZHY, PATTOM, THIRUVANANTHAPURAM-695 004. 4. C.S. LAKSHMY KIRAN, D/O.A.R. SATHIYAVATHY CHEMBAKA NIKETHAN, THYCAUD P.O., THIRUVANANTHAPURAM, NOW RESIDING AT PERINGATHARA HOUSE, THURUVAIKKAL, P.O.ULLOOR, THIRUVANANTHAPURAM-695 011. R1 TO R3 BY ADV. MR.V. JAYAKUMAR. R4 BY ADV. MR.D. AJITHKUMAR. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs HARUN-UL-RASHID, J. ------------------------ R.P.No.58 Of 2011 ---------------------- Dated this the 25th day of January, 2011. O R D E R Review petitioners are the respondents 1 to 3 in W.P.(C). No.33238 of 2007. The writ petition was heard and disposed of by judgment dated 26.11.2010. The questions raised in the writ petition were considered in detail and judgment was passed. At the time of admission of the writ petition in 2007, notice was served on the respondents in the writ petition. None of the respondents entered appearance. The writ petition was taken up for hearing on 28.10.2010. On that day, the counsel for the petitioners argued the case. For further hearing the case was adjourned to 1.11.2010. On that day also the petitioners counsel was heard. Finding that some important issues affecting the rights of the respondents 1 to 3 are involved, this Court took the view that another opportunity shall be given to respondents 1 to 3 to appear and contest the case. A detailed order was passed on 1.11.2010. By the said order this Court ordered notice by special messenger. The messenger met the respondents. They ::2:: R.P.No.58 Of 2011 refused to accept the notice stating that the address mentioned in the writ petition is not correct. The matter was again heard on 8.11.2010 in their absence and judgment was pronounced. 2. Though it is not necessary to issue notice in the course of hearing, this Court thought that the presence of respondents 1 to 3 are necessary to protect their interest. In spite of that, they have not chosen to appear and present their case. 3. The present review petition was filed raising grounds which are touching the merits of the case. Petitioners wanted to agitate their contentions in this review petition. I find that all the contentions now presented before me are contentions touching the merits of the case. Therefore, I find that no valid grounds are made out to review the judgment under challenge. The review petition fails and accordingly, dismissed. HARUN-UL-RASHID, Judge. bkn/-