IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 RP.No. 716 of 2008(B) --------------------- AGAINST THE JUDGEMENT IN WPC.14923/2008 Dated 21/05/2008 .................... REVIEW PETITIONER/ PETITIONER IN W.P.(C) ----------------------- BABU THOMAS CHANDY, KUDIYATHUKUZHUPPIL HOUSE, ERAVIMANGALAM KARA, MUTTUCHIRA POST, MANJOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICTL COLLECTOR, KOTTAYAM. 2. THE CHIEF ENGINEER, PROJECT II, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIVISIONAL ENGINEER, M.V.I.P., KURUPPANTHARA KADAVU, KURUPPANTHARA POST, KOTTAYAM DISTRICT. BY GOVT. PLEADER SMT.BINDU .R. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- R.P.No.716 of 2008 in W.P.(C) No.14923 of 2008 ------------------------------- Dated this the 14th July, 2008. O R D E R This petition is filed to review the judgment dated 21.5.2008, wherein writ petition was disposed directing the Munsiff to dispose I.A.No.307 of 2005. It was also clarified that if the disposal of I.A.No.1095 of 2007 has any baring on the maintainability of the suit, which is to be determined in I.A.No.307 of 2005, then that application also is to be disposed along with I.A.No.307 of 2005, if not earlier. 2. The argument of the learned counsel appearing for the review petitioner is that petitioner has filed I.A.No.492 of 2005, an application to dismiss I.A.No.307 of 2005 as not maintainable, and there is no direction in the judgment to dispose the same, and, therefore, the order is to be reviewed. When the maintainability of the suit itself is to be determined in I.A.No.307 of 2005, the maintainability of that petition also is to be considered. Therefore, I do not find any apparent error or RP. No.716 of 2008 2 any other sufficient reason to review the judgment dated 21.5.2008. Review Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.