IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 RP.No. 141 of 2009(W) --------------------- AGAINST THE JUDGEMENT IN WPC.613/2006 Dated 05/11/2008 .................... REVIEW PETITIONER: STRANGER ------------------------------ M.S. ANAZ, AGED 38 YEARS, S/O. SAIDU MUHAMMED, MANALUMPARAMBU HOUSE, AROOR, ALAPPUZHA. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: PETITIONER AND RESPONDENTS IN W.P ------------------------------------------------ 1. THE GENERAL MANAGER, BSNL,ALAPPUZHA. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 3. THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, INDUTRIES (F) DEPARTMENT, KERALA SECRETARIAT, TRIVANDRUM. 4. SECRETARY, MINISTRY OF REVENUE, SECRETARIAT, TRIVANDRUM. 5. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. BY ADV.SRI.C.S.RAMANATHAN, SC BSNL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH J. ----------------------------------------- R.P.No.141 of 2009 in W.P(C)No.613 2006 ----------------------------------------- Dated this the 16th February 2009 O R D E R This is a petition to review the judgment dated 5-11-2008 in W.P(C)No.613/2006. The review petitioner is not a party to the writ petition and hence this review petition has been filed with special leave from this court. According to the review petitioner, the disputed property has already been transferred to him and he is in possession and enjoyment of the same. This is seriously disputed by the learned Standing Counsel appearing for the first respondent. It is submitted that the BSNL is still in possession of the property and their machineries are kept in the said property only. Be that as it may, essentially the issue pertains to the steps taken by the General Manager, District Industries Centre, Alappuzha for resumption of the land allotted to them on the ground that the same had not been put to use. This court had issued an interim order dated 9-1-2006 staying the operation of the impugned orders. But it is seen that as per Annexure A order dated 9-1-2006, the General Manager, District R.P.No.141 of 2009 -:2:- Industries Centre, Alappuzha has allotted the disputed land to the review petitioner. According to the learned counsel for the BSNL the Director of Industries and Commerce, Trivandrum passed the order only on 9-1-2006 and hence the General Manager, District Industries Centre, Alappuzha could not have passed order on the same date. Whether it is feasible or possible, this court need not go into those details at this stage, in the nature of the order proposed to be passed in this case. By the judgment which is sought to be reviewed, this court has directed the Government to constitute a Special Committee, headed by the Chief Secretary, to go into the dispute referred to in the writ petition regarding the claim for the land. In case an opportunity is given to the review petitioner herein also, their grievances can be sorted out before the said Committee. Accordingly the review petition is disposed of making it clear that while the Committee constituted as per the judgment takes a decision, the writ petitioner as well as the review petitioner shall be afforded an opportunity for hearing. It is made clear that in that view of the matter, this court has not gone into the R.P.No.141 of 2009 -:3:- merits of the contentions taken by either party and all the contentions are left open. The review petitioner may produce a copy of this order along with a copy of the review petition before the Chief Secretary to Government. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH J. --------------------------- R.P.No.141 of 2009 in W.P(C)No.613 2006 ---------------------------- O R D E R 16th February 2009