IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 RP.No. 1154 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25286/2009 Dated 05/10/2009 .................... REVIEW PETITIONER(S): 5TH RESPONDENT ------------------------------------ HARIDAS K.B., "HARISREE", K.M.K.JUNCTION, NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN-683 513. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 4, 6 AND 7 ------------------------------------------------------- 1. PANKAJAKSHI AMMA @ PANKI, W/O. N.BALAKRISHNAN, THURUTHUMAL HOUSE, THELATHURUTHU KARA, PUTHENVELIKKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN-683 594. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, CHENGAMANAD, ALUVA, ERNAKULAM DISTRICT, PIN-683 578. 3. THE ADDITIONAL DISTRICT MAGISTRATE, (EXERCISING THE POWERS OF DISTRICT MAGISTRATE), CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682 030. 4. CHANDRAN, ADAKKAMARAKUTTATHIL HOUSE, THELATHURUTHU KARA, PUTHENVELIKKARA, NORTH KUTHYATHODU P.O., ERNAKULAM DISTRICT, PIN-683 594. 5. REGHU, THURUTHIL HOUSE, THELATHURUTHU KARA, PUTHENVELIKKARA, NORTH KUTHYATHODU P.O., ERNAKULAM DISTRICT, PIN-683 594. 6. SHANTHAMMA, THURUTHUMAL HOUSE, THELATHURUTHU KARA, PUTHENVELIKKARA VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN-683 594. 7. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KUNNUKARA, MANJALI, ERNAKULAM DISTRICT, PIN-683 524. ADV.SIRAJ KAROLY SR.GOVT. PLEADER K.C.SANTHOSH KUMAR ADV.P.P.THAJUDEEN, SC FOR KSEB. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.SIRI JAGAN, J. ================== R.P.No.1154/2009 in W.P.(C).No. 25286/2009 ================== Dated this the 8th day of December, 2009 O R D E R This review petition is filed by the 5th respondent in the writ petition. His primary contention is that the judgment was rendered before notice was actually served on him in the writ petition and therefore, he could not place his contentions before this Court. From the records, I find that at the time of rendering the judgment, which is sought to be reviewed, notice to the petitioner in the writ petition had not yet been served. Therefore, I am of opinion that the judgment has to be recalled and the petitioner in the review petition should be given an opportunity of being heard. Accordingly, this Review Petition is allowed, the judgment dated 5.10.2009 in W.P.(C).No.25286/2009 is recalled and the writ petition is restored to file. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2