IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 RP.No. 275 of 2009(I) --------------------- AGAINST THE JUDGEMENT IN WPC.7018/2008 .................... REVIEW PETITIONER(S): RESPONDENTS 1 TO 3 ---------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAGT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (LA), KOZHIKODE. 3. THE CHIEF ENGINEER, (ROADS AND BRIDGES), KERALA PUBLIC WORKS DEPARTMENT. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): PETITIONER ---------------------------------- BASHEER KARIPPAL THAZHEM,AGED 40, S/O.E.K.USSAIN,KUNNAMANGALAM VILLAGE,KARANTHU DESOM, KOZHIKODE TALUK,NOW EMPLOYED AT P.B.NO. 245030,RIYADH 11313,K.S.A, REP. BY P/A HOLDER K.T. MUNEER,S/O.USSAIN,KARIPPAL THAZHAM(H), KUNNAMANGALAM VILLAGE, KARANTHUR DESOM,KOZHIKODE. BY ADV. SRI. RENJITH MARAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/08/2009, ALONG WITH RP. No. 307/09 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- RP. No. 275 OF 2009 in WP(C) No. 7018 of 2008 & RP. No. 307 of 2009 in WP(C). No. 35572 of 2007 ----------------------------------------------- Dated this the 14th day of August, 2009 J U D G M E N T Heard both sides. I find some merit in the submission of the learned Govt. Pleader that the order which has been quashed is the order of the Government according administrative sanction for invocation of the emergency provisions. This court has also quashed the order of the Land Revenue Commissioner, a copy of which was not even produced before this court. It is also brought to my notice that the Land Revenue Commissioner was not a party to the writ petition and thus he has been deprived of an opportunity to defend the order passed by him. Thus, according to me, a case is made out for recalling my judgment. The RP is allowed. The judgment sought to be reviewed is recalled and the writ petition is posted on top of RP. 275/09 -2- the hearing list before the learned single Judge who is finally hearing writ petitions pertaining to land acquisition matters. The interim order which was in currency all through, will continue. (PIUS C.KURIAKOSE, JUDGE) ksv/-