IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 RP.No. 97 of 2009(P) -------------------- {IN WPC.30807/2008 OF THIS COURT} .................... REVIEW PETITIONER(S)/RESPONDENT: ---------------------------------------------------------------- STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA RESPONDENT(S)/PETITIONERS: --------------------------------------------------- 1. A.HASSABAR, S/O.ABDULLAKUNJU, NAZEA NIVAS, THOTTAPPALLY PO., ALAPPUZHA. 2. HEAD MASTER, NALUCHIRA GOVERNMENT U.P. SCHOOL, THOTTAPPALLY, ALAPPUZHA. R1 BY SRI.K.I.ABDUL RASHEED THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J. ------------------------- R.P.No.97 of 2009 in W.P.(C).No.30807 of 2008 ------------------------- Dated this the 4th day of March, 2009. O R D E R The writ petition was disposed of with the following direction: “In the result, the writ petition is disposed of directing the 1st respondent to see that steps are taken by the subordinate authority for implementation of Ext.P4 at the earliest, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that the 2nd respondent shall also be bound by Ext.P4 and shall take steps to see that the direction in Ext.P4 is made effective. It is further made clear that that he shall not take any steps for demolition so as cause any hindrance to the pathway, enjoyed by the petitioner.” 2. The first respondent in the writ petition is the State of Kerala, represented by the Principal Secretary, Higher Education Department. It is now pointed out that Ext.P4 decision of the Lok Adalat was taken believing that Ext.P3 Government Order is issued by the General Education Department. Ext.P3 was later reviewed by Annexure-I Government Order dated 10.3.2008. It is, therefore, contended that the direction issued to the Government to R.P.No.97 of 2009 in W.P.(C).No.30807 of 2008 :: 2 :: implement Ext.P4 requires to be reviewed, firstly on the ground that Ext.P3 order has been cancelled by Annexure-I order dated 10.3.2008 and secondly, on the ground that it is the General Education Department, which is the competent authority and not the Higher Education Department. 3. Insofar as the first ground is concerned, I am of the view that since Ext.P4 is a decision taken by the statutory authority under the Legal Services Authorities Act and the decision taken by the Adalat is final and binding under Section 20 of the said Act, a subsequent cancellation of Ext.P3 Government Order by way of Annexure-I, cannot be taken as a ground to review Ext.P4. The judgment, which requires implementation of Ext.P4, will stand. 4. The second ground urged by the learned Government Pleader merits acceptance. The writ petitioner had mistakenly made the Principal Secretary to the Higher Education Department as a party to the writ petition. He should have impleaded the Principal Secretary to the General Education Department. 5. In the result, the review petition is allowed, the judgment in the writ petition dated 11.11.2008 is reviewed R.P.No.97 of 2009 in W.P.(C).No.30807 of 2008 :: 3 :: to the extent whereby the last paragraph of the judgment will read as follows: “In the result, the writ petition is disposed of directing the Secretary, General Education Department, Government of Kerala, to see that steps are taken by the subordinate authority for implementation of Ext.P4 at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. For the purpose of implementing this direction, the Secretary of the General Education Department shall stand suo motu impleaded as the additional 3rd respondent in the writ petition. It is made clear that the 2nd respondent shall also be bound by Ext.P4 and shall take steps to see that the direction in Ext.P4 is made effective. It is further made clear that whatever steps are to be taken for implementation of Ext.P4 shall be taken by the respondents”. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge