IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 RP.No. 759 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2832/2009 Dated 17/12/2009 .................... REVIEW PETITIONER(S): APPELLANTS -------------------------------- 1. SEENA GIGI, AGED 35 YEARS, W/O.LATE GIGI VARKEY, MAMMOOTTIL KIZHAKATHIL, CHAKKARAPARAMBU, THAMMANAM, KOCHI-682 032. 2. M.G.VARKEY, AGED 74 YEARS, MAMMOOTTIL KIZHAKATHIL, CHAKKARAPARAMBU, THAMMANAM, KOCHI-682 032. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-.695 001. 2. CORPORATION OF KOCHI, CORPORATION OFFICE, KOCHI, REPRESENTED BY ITS SECRETARY, PIN - 682 001. 3. THE DISTRICT COLLECTOR, KOCHI-682 001. 4. THE CHIEF ENGINEER, P.W.D.ROADS DIVISION, THIRUVANANTHAPURAM, PIN-695001. 5. ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, CIVIL LANE ROAD, KAKKANAD, ERNAKULAM, PIN-682 030. 6. THE S.I.OF POLICE, CTPS, EDAPPALLY, ERNAKULAM.682 024. MR.V.V.JOSHI, SC FOR R2 MS.MEERA, GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... R.P.No.759 of 2011 in W.A. No.2832 of 2009 & C.M.Appl.No.115 of 2011 in R.P.No.759 of 2011 in W.A. No.2832 of 2009 .................................................................... Dated this the 28th day of October, 2011. O R D E R Ramachandran Nair, Ag.CJ. Review petition is filed with an inordinate delay of 617 days. During hearing of delay condonation petition, we have heard learned counsel for the Review Petitioners on merits of the case. We do not find any merit because the petitioners' claim is only for compensation for death of the husband of the 1st petitioner and the son of the 2nd petitioner in road accident, which according to the petitioners' is caused on account of poor maintenance of road by the respondents. Relying on the Police report, petitioners' counsel submitted that gutter in the road caused the accident leading to the death of the person above referred. However, the learned Single Judge as well as the Division Bench of this Court took the view that unless CMA No.115/2011 & R.P.No.759/2011 2 evidence is adduced and the petitioners establish their case in a Civil Court, damages cannot be awarded. It is this judgment of the Division Bench i.e. now sought to be reviewed. We do not know on what basis the petitioners can seek review of the judgment when this Court declined to entertain the WP(C) as appropriate remedy lies before the Civil Court. Therefore, we see no ground to entertain the review petition. Consequently, the delay condonation petition and the review petition are dismissed. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg