IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 RP.No. 657 of 2011(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9130/2011 Dated 16/06/2011 .................... REVIEW PETITIONER: PETITIONER -------------------------------- SUBASH SOMAN, MANAGING DIRECTOR, DIAMOND REAL ESTATE, PATHANAMTHITTA. BY ADV. SRI.N.DHARMADAN, SENIOR ADVOCATE SMT.D.P.RENU RESPONDENTS: RESPONDENTS -------------------------- 1. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645. 2. SI OF POLICE, KOYIPURAM POLICE STATION, KOYIPURAM, PATHANAMTHITTA-689645. 3. K.K.SREEDHARAN, S/O.KUMARAN, KALLARATHIL VEEDU, KUMARAMANGALAM, THODUPUZHA-685584. 4. K.N.ANANDAN, S/O.LATE NARAYANAN, ASWATHY BHAVAN, ATHIRUMKAL P.O., KOODAL VIA, PATHANAMTHITTA-689693. 5. SADANANDAN RAMAN, S/O.LATE M.M.VASUKUTTY BY POWER OF ATTORNEY AGENT, M.V.ANANDAN, S/O.LATE M.M.VASUKUTTY, MANNUTHARAYIL HOUSE, PUNNAKKAD P.O., KOZHENCHERRY, PATHANAMTHITTA-689654. 6. K.N.RADHAKRISHNAN, S/O.K.R.NANU, KOTTAMADATHIL HOUSE, ELAVUMTHITTA P.O., PATHANAMTHITTA. 7. M.V.ANANDAN, S/O.M.M.VASUKUTTY, MANNUTHARAYIL HOUSE, PUNNAKKAD P.O., KOZHENCHERRY, PATHANAMTHITTA. BY GOVT. PLEADER SMT. SUNITHA VINOD THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jj R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ R.P.NO: 657 OF 2011 IN W.P(C)NO: 9130 OF 2011 ----------------------------------------------------------- Dated this the 27th October, 2011. O R D E R Basant, J. W.P(C) 9130/2011 was disposed of by judgment dated 16-6-2011. The petitioner wants the said judgment to be reviewed. Earlier, when the matter came up for hearing the learned counsel for the review petitioner had prayed and accordingly we had issued an interim order clarifying the judgment dated 16-6-2011. The order dated 26-8-2011 reads as follows:- “Notice given. The learned counsel for the respondents pray for time to file objections. The learned counsel for the review petitioner presses and we clarify that in the meantime no observation/finding in the judgment under review shall fetter the rights of the petitioner to raise appropriate contentions before the authorities before which proceedings are pending and that no observation in the judgment under review shall be reckoned by such authorities as in any way fettering the rights of the parties in such proceedings. Call on 6-9-2011.” R.P No: 657/2011 2 2. While pronouncing the judgment dated 16-6-201 we had really intended that the observations in the said judgment are not to fetter the rights of the parties to raise appropriate contentions before the authorities before which proceedings were pending. It was not intended that any observation in the judgment shall be reckoned by such authority as in any way fettering the rights of the parties in such proceedings. That was clarified by the interim order dated 26-8-2011. 3. We are now satisfied, without going into the technical question as to whether the prayer made is covered by the power in review, that it ought to be made clear that this Court did not intend that any observations in the judgment should fetter the rights of the parties to take appropriate contentions in the pending proceedings or proceedings to be initiated hereafter. We are in these circumstances satisfied that the order dated 26-8-2011 must remain. 4. This review petition is accordingly allowed in part. The judgment under review, we clarify, is not intended to fetter the rights of the parties to raise appropriate contentions before the authorities before which proceedings are pending or the questions may hereafter be raised. No observation in the R.P No: 657/2011 3 judgment under review, we clarify, should be reckoned by such authorities as in any way fettering the rights of the parties in such proceedings. Sd/- R. BASANT Judge Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge R.P No: 657/2011 4