IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 RP.No. 366 of 2009(F) ------------------------------ AGAINST THE JUDGEMENT IN WPC.33442/2005 Dated 25/07/2008 .................... REVIEW PETITIONERS: --------------------------------- 1. JOSEPHEENA JACOB, W/O.LATE JACOB, AGED 84, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 2. MARY LONAPPAN, D/O.LATE JACOB, AGED 59, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 3. LEELAMMA KUNJAPPAN @ ELIZABATH, D/O.LATE JACOB, AGED 54, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 4. TRESSA FREDDY, D/O.LATE JACOB, AGED 51, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 5. ANTONY P.J., S/O.LATE JACOB, AGED 48, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 6. JEMMA ROY, D/O.LATE JACOB, AGED 46, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. 7. SILVI GEORGE, D/O.LATE JACOB, AGED 46, RESIDING AT PALAPARAMBIL HOUSE, EDAPPALLY NORTH VILLAGE, PONEKKARA, ELAMAKKARA P.O., ERNAKULAM DISTRICT. BY ADV. SRISHIJU VARGHEESE SRIPRAMOJ ABRAHAM SRI.RENDEEP PREM RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 TO 3: --------------------------------------------------------------------------------------- 1. JAYAKUMAR, 50/114C, VISHNU VIHAR, ELAMAKKARA PO, KOCHI. R.P.NO.366 OF 2009 - 2 - 2. THE SUB REGISTRAR, SUB REGISTRY OFFICE, EDAPPALLY. 3. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 4. THE VILLAGE OFFICER, EDAPPALLY NORTH VILLAGE, EDAPPALLY. R2 TO R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kurian Joseph, J. ------------------------------------------ R.P.No.366 of 2009 ------------------------------------------ Dated, this the 19th day of June, 2009 ORDER A third party to the writ petition has come up with this review petition. The writ petitioner approached this Court praying for a direction to effect mutation in respect of 1.22 acres of property in Sy.No.87/5B of Edappally North Village and to change the thandaper to the petitioner's name forthwith. The review petitioners were not made parties to the writ petition. The writ petition was disposed of by the judgment dated 25th July, 2008 directing the third respondent Village Officer to take a decision on the application for mutation and on the representation with notice to the writ petitioner and other affected parties. 2. According to the review petitioners, they had obtained purchase certificate from the Land Tribunal, Palluruthy in respect of the very same property on 16.7.1970. However, the jenmom right was purchased by the writ petitioner in the year 2005 and he applied for mutation on the basis of the jenmom right. That was rejected by the Village Officer. Thereafter the writ petitioner filed appeal A.A.No.90 R.P.No.366 of 2009 - 2 - of 2005 before the Appellate Authority, Alappuzha to set aside the purchase certificate given to the review petitioners in the year 1970. The appellate authority issued a stay order on 30.11.2005 and on the same day the writ petition was filed suppressing all the above aspects. There is also a revision petition pending before this Court as C.R.P.No.754 of 2006. In such circumstances, the writ petitioner is not entitled to the direction given in the judgment. Therefore, the review petition is allowed. The judgment dated 25.7.2008 in W.P.(C) No.33442 of 2005 is recalled. The review petitioners will stand impleaded as additional respondents in the said writ petition. Post the writ petition for hearing. Kurian Joseph, Judge vns