IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 RP.No. 360 of 2010(P) --------------------- AGAINST THE JUDGEMENT IN WPC.11588/2009 Dated 12/03/2010 .................... REVIEW PETITIONER(S): 3RD RESPONDENT ------------------------------------ VIJI DIAS, W/O.E.D. DIAS, RESIDING AT 1/275, EDAKALATHUR HOUSE, OPP. ST. MARY'S CHURCH, AYYANTHOLE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): PETITIONER & RESPONDENTS --------------------------------------- 1. C.A. FRANCIS, AGED 89 YEARS, S/O.LATE C.P. ANTONY, CHETTUPUZHAKARAN HOUSE, 1/272, AYYANTHOLE, THRISSUR. 2. CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, CORPORATION OF THRISSUR. BY SC SRI.K.B.MOHANDAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J ------------------- R.P.360/2010 in W.P.(C).11588/2009 -------------------- Dated this the 9th day of April, 2010 ORDER By judgment dated 12.3.2010, the 2nd respondent in the writ petition was directed to implement Exts.P3 and P4 ordering closure of the steel godown of the 3rd respondent in the writ petition. 2. From the Review Petition, it is seen that against Exts.P3 and P4, 3rd respondent has filed an appeal as early as on 18.3.2009 and the Mayor has passed an order to keep Exts.P3 and P4 in abeyance and that the appeal is still pending. It was without noticing the fact of pendency of the appeal that the judgment was delivered. Now the Corporation has also confirmed that the appeal is pending. In such circumstances, I feel that the judgment need be modified in the following manner and it is ordered accordingly. 3. That the Corporation shall consider the appeal dated 18.3.2009 filed by the 3rd respondent in the writ petition with R.P.360/10 2 notice to the parties, as expeditiously as possible at any rate within four weeks from today. In the meanwhile further proceedings for implementation of Exts.P3 and P4 will be kept in abeyance as ordered by the Mayor and once the appeal is disposed of, consequential action on Exts.P3 and P4 will be initiated by the Corporation without fail. Review Petition is allowed as above. ANTONY DOMINIC, Judge mrcs