IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 RP.No. 1385 of 2008(M) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21129/2007 Dated 04/12/2007 .................... REVIEW PETITIONER(S): RESPONDENTS 1 TO 6 --------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, N.H.DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PROJECT DIRECTOR AND GENERAL MANAGER N.H.AUTHORITY OF INDIA, THUSHARA BHAVAN,NARIKODE, PALAKKAD. 3. THE SUPERINTENDENT ENGINEER, N.H.CENTRAL CIRCLE, KOCHI,VYTTILA. 4. THE EXECUTIVE ENGINEER,N.H.(B)DIVISION, KODUNGALLUR. 5. THE ASSISTANT EXECUTIVE ENGINEER, N.H.SUB DIVISON, PERUMPADANNA, NORTH PARAVUR- 683 513. 6. THE ASSISTANT EXECUTIVE ENGINEER, N.H.SUB DIVISION, ALUVA. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE RESPONDENT(S): PETITIONERS ------------------------------------ 1. P.K.JOY, POYYAKARAN HOUSE, CHUNGAL, NATTATHUR.P.O, THRISSUR. 2. K.SURESH, P.W.D, CONTRACTOR, KOYIKKAL MADOM, PARAPURAM.P.O, ALUVA. SRI.K.L.VARGHESE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. ============== R.P.No.1385 OF 2008 IN W.P.(C) NO. 21129 OF 2007 (M) ==================== Dated this the 18th day of December, 2008 O R D E R Writ petition was disposed of by judgment dated 4th December, 2007 recording the submission of the learned Government Pleader that NHAI has already released Rs.43.33 crores for settlement of the existing liability and that payments will be made from out of the fund so released. It has now come out that such submission on the basis of which the writ petition was disposed of was factually incorrect. It is now revealed that as against Rs.92.93 lakhs, for which the Government of Kerala had arranged work, the NHAI has sanctioned only Rs.49 lakhs. 2. In view of the aforesaid factual erroneous basis on which the judgment has been rendered, I allow the review petition. Therefore, post the writ petition for hearing. ANTONY DOMINIC, JUDGE Rp