IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 RP.No. 578 of 2007(C) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.21/2003 Dated 10/10/2006 .................... REVIEW PETITIONER(S): PETITIONER: --------------------------------- OMANA ASOKAN, W/O.ASOKAN, "SREELAKSHMI", BENNET ROAD, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): RESPONDENT: -------------------------- THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- R.P.No.578 of 2007 in O.P.No.21 of 2003 ----------------------------------------- Dated this the 27th day of August, 2009 O R D E R This is a petition for review at the instance of the writ petitioner. The issue pertains to the stamp duty payable by the petitioner for the premises let out to her by the Municipal Corporation. According to the writ petitioner the transaction is only licence and not lease. The writ petition was dismissed without considering the contentions on merits but holding that the issue is covered by the decision of this court in Abdulrahiman v. Tirur Municipality (2001 (2) KLT 716). It is seen that the matter was pursued in writ appeal, W.A.No.595/2007. It appears the Division Bench was of the view that the proper remedy is review since the contentions are to be considered in the writ petition. In the above circumstances since the questions are to be considered on merits, the review petition is allowed. Judgment dated 10-10-2006 is recalled. Post the original petition for hearing according to roster. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- R.P.No.578 of 2007 in O.P.No.21 of 2003 ----------------------------------- O R D E R 27th August, 2009