IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH SEPTEMBER 2007 / 6TH ASWINA 1929 RP. No. 1116 of 2006(F) ---------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.7515/2002 Dated 14/06/2006 .................... REVIEW PETITIONER(ADDL.3RD RESPONDENT IN OP): -------------------------------------------------------------- O.P. ABOOBACKER, KORAPPILAN HOUSE, MUTHERI, NILAMBUR R.S. P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAJESH KORMATH RESPONDENTS: (PETITIONER & RESPONDENTS 1 & 2 IN O.P): ----------------------------------------------------------------------- 1. THE PRESIDENT, NILAMBUR GRAMINA KARSHIKA VYAPARA VIKASANA SOCIETY, NILAMBUR, MALAPPURAM DISTRICT. 2. THE SUPERINTENDENT OF POST OFFICES, MANJERI DIVISION, MANJERI, MALAPPURAM DISTRICT. 3. THE POST MASTER, NILAMBUR SUB POST OFFICE, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SRI.JOHN VARGHESE, ASSISTANT SG THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 28/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- R. P. NO. 1116 OF 2006 IN O.P. NO. 7515 OF 2002 --------------------------------------- Dated this the 28th day of September, 2007. O R D E R This is a petition to review the judgment dated 14.06.2006 in O.P. No. 7515/2002 at the instance of the additional third respondent in the writ petition. 2. One of the main grounds taken in the review petition is that no notice was served on the additional third respondent, which appears to be correct also. That apart despite several chances, there is no counter affidavit also in the review petition controverting the allegations regarding service of notice. Since the writ petition happened to be allowed without notice to the actual affected party, namely the additional third respondent, it is only appropriate that the judgment is recalled and the writ petition is heard afresh, adverting to the contentions of the additional third respondent. Therefore, the review petition is allowed and the judgment dated 14.06.2006 in O.P. 7515/2002 is recalled. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. R.P. NO. 1116 OF 2006 O R D E R 28.09.2007