IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 RP.No. 974 of 2010() ------------------------ AGAINST THE JUDGEMENT/ORDER IN AS.171/2001 Dated 18/08/2010 .................... PETITIONER/APPELLANT ------------------------------ M/S. SURABHI MOVIES, CHALAKUDY, REP. BY ITS MANAGING PARTNER, JOSE, S/O. PANADANIPE, PARIYARAM VILLAGE, PARIYARAM DESOM, MUKUNDAPURAM TALUK. BY ADVS. SRI.MATHAI M PAIKADAY, SENIOR ADVOCATE SRI.P.C.THOMAS SRI.ROJO J.THURUTHIPARA RESPONDENT(S): RESPONDENTS -------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASST. EXECUTIVE ENGINEER, KSEB, ELECTRICAL MAJOR SECTION, CHALAKUDY. R1,2 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.N.KRISHNAN, J ---------------------------- R.P.NO.974 OF 2010 IN A.S.NO.171 OF 2001 ----------------------------------- Dated this the 16th day of November, 2010 ORDER This review petition is filed on the basis of that Annexure A, a proposal for settlement was not brought before this court at the time of pronouncement of the judgment. I have disposed of the matter only on 18-08-2010 and the said notice is issued to the review petitioner on 03- 07-2010. What is stated therein that an Adalath being conducted and if it is settled in the Adalath surcharge shall be reduced to 3% for Local Self Government and Public Sector units and 6% for others. Now review petitioner wants to contend that this matter was suppressed by the K.S.E.B before this Court. It has to be stated Adalath is a matter conducted between the parties and it is for them resolve the dispute and the court shall not have any role to play while disposing of the matter. Even after 03-07-2010 till 18-08-2010 the matter has been not contested and it has been argued. Therefore, receipt of a notice for settlement cannot change the judgment and therefore as there is no error apparent on the record the judgment cannot be reviewed. But, I R.P.NO.974 OF 2010 IN A.S.NO.171 OF 2001 2 make it clear that if the parties still want the matter to settle it is left to them and it will not stand in the way of settlement between the parties. The review petition is dismissed accordingly. M.N.KRISHNAN,JUDGE pm