IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 RP.No. 629 of 2008(B) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.23118/2000 Dated 09/07/2004 .................... : REVIEW APPLICANT/PETITIONER -------------------------------------------- SUGUNAN, S/O.VASUDEVAN, RUTHEZHATH, PALLIPPURAM, CHERTHALA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: RESPONDENTS ------------------------ 1. THE SPECIAL TAHSILDAR (LA), CHERTHALA. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.LATHA THANKAPPAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- RP. No. 629 of 2008 in O.P.No. 23118 of 2000 ---------------------------------------------------- Dated this the 8th day of August, 2008 O R D E R Even though the learned counsel for the petitioner addressed me persuasively I do not find any warrant for interfering with my judgment which was passed on the basis of submissions made by counsel for the petitioner. Of course the same counsel would submit now that it was on a mistaken impression that the submissions noticed in my judgment dated 9-7-2004 were made on that day. But it is brought to my notice that following my judgment the property in question was taken over by the Government in acquisition proceedings and the requisitioning authority KSIDC was put in possession of the property. It is submitted that the KSIDC has now permitted to fill up the area in question with red sand after removing the silica which is subject matter of that writ petition. It is submitted that the petitioner has already filed WP(C) No. 13837 of 2008 before this court and interim orders have been issued. I dismiss the R.P. however clarifying that neither the judgment of this court nor the present order dismissing the R.P. will not stand in the way of this court deciding writ petition No.13837 of 2008 on its merits. (PIUS C.KURIAKOSE, JUDGE) ksv/ WP(C)N0. -2-