IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 RP.No. 106 of 2010(D) ------------------------------- [AGAINST THE JUDGEMENT IN W.P.(C).NO.12073/2009 DATED 24/06/2009] .................... REVIEW PETITIONER/1ST RESPONDENT IN THE W.P: ----------------------------------------------------------------------------- THE STATE OF KERALA, REP.BY THE SECRETARY, TOWN PLANNING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. V. MANU. RESPONDENTS/PETITIONERS & RESPONDENTS 2 & 3 IN THE W.P: ------------------------------------------------------------------------------------------------ 1. C.P.JOSE, S/O.C.J.PAUL, AGED 55 YEARS, CHIRIYANKANDATH, PIPELINE ROAD, MYLIPADAM, THRISSUR. 2. LATHA JOSE, W/O.C.P.JOSE, CHIRIYANKANDATH, PIPELINE ROAD, MYLIPADAM, THRISSUR. 3. THRISSUR CORPORATION, REP.BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. 4. THE TOWN PLANNING OFFICER, CORPORATION OFFICE, THRISSUR. R1 & R2 BY ADV. SRI. S. RAMESH BABU, R3 & R4 BY SRI. K.B. MOHANDAS, S.C. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.106/2010 in W.P.(C).12073/2009-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Order The State Government seeks review of the judgment dated 24th June, 2009 in WP(C).12073/2009. The plea projected in this review application is that the view expressed in paragraph 1 of the judgment that the Town Planning Scheme in question has not been operational and with the passage of time, it has essentially turned obsolete, tends to impinge the rights of the State Government and the Local Self Government Institutions in so far as it may tend to apply to various other cases. The issue raised was at the instance of the petitioners and the judgment is issued only by considering their case. Not only that, the effect of the decision of this Court in Padmini's case, 1993(3) KLT 465 relied on in the judgment sought to be reviewed has also been dilated upon during the course of a different review petition. In so far as this case RP106/10 -: 2 :- is concerned, the Government had carried an appeal to the Division Bench and had withdrawn it after arguing the matter for some time. Taking all the relevant facts and factors and submissions into consideration, it is ordered that the statement in the judgment sought to be reviewed to the effect that the Town Planning Scheme in question has essentially turned obsolete would bind the State Government and the Thrissur Corporation only as against the petitioners and is not intended to carry any precedential value. The review petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2405