IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 RP.No. 84 of 2008(T) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.17805/2000 Dated 14/06/2007 .................... REVIEW PETITIONER(S): PETITIONER: --------------------------------- K.J.THOMASKUTTY, PROPRIETOR, M/S.MODERN ROCK MINING INDUSTRIES, KANNAMTHANATHU, VADASSERIKKARA, PATHANAMTHITTA. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SECRETARY, VADASSERIKKARA GRAMA PANCHAYAT, PATHANAMTHITTA. 3. SHAJI.V.THOMAS, AGED 45, S/O.P.T.THOMAS, PAREL HOUSE, KUMPALAMPAIKA P.O. PATHANAMTHITTA DISTRICT 689 661. 4. P.T.KUNJUMON, S/O.THEVAN, PALANILKUNNATHIL HOUSE, KOMBANOLI, KUMPALAMPAIKA P.O, PATHANAMTHITTA. ADV. SRI.SANTHOSH MATHEW FOR R2 SRI.SATHISH NINAN FOR R2 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- R.P.No.84 of 2008 in O.P. No.17805 of 2000 ----------------------------------------- Dated this the 22nd day of October, 2008 O R D E R This is a review petition at the instance of the writ petitioner. The writ petition was closed holding that in view of the intervening developments no further orders are necessary. It is fairly clear that the writ petition has not been considered on merits. The issue raised in the writ petition pertains to the conduct of a quarry and metal crusher unit. Since the grievance is still subsisting, the writ petition has to be heard on merits. Therefore, the review petition is allowed. Judgment dated 14-6- 2007 is recalled. Needless to say that the interim orders as obtained in the writ petition will continue till the writ petition is disposed of on merits. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- R.P.No.84 of 2008 in O.P. No.17805 of 2000 ----------------------------------- O R D E R 22nd October, 2008