IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 RP.No. 449 of 2011(A) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16209/2011 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- PHILOMANA.K.A,S/O.KAVIL MATHEWS, ABRAHAM,AYROOR ESTATE,THAMARASSERY,CHUNGAM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. JEAN ARJUN KUMAR,S/O.ARJUN KUMAR,VEENUS, EDAKKAD WEST HILL.P.O,KOZHIKODE-673001. 2. SUNNY SOLOMEN,S/O.P.V.SOLAMAN, PANAKKAT VINTEL HOUSE,EDAKKAD WEST HILL.P.O, KOZHIKODE-673001. 3. A.K.ARJUN KUMAR,S/O.VENUGOPAL,VEENUS, EDAKKAD.P.O,WEST HILL,KOZHIKODE-673001. 4. ASHARAF,EDAKKAD WEST HILL.P.O, KOZHIKODE-673001. 5. SUB INSPECTOR OF POLICE,THAMARASSERY, PIN-673121. 6. CIRCLE INSPECTOR OF POLICE, THAMARASSERY-673121. 7. SUPERINTENDENT OF POLICE,KOZHIKODE RURAL-673001. 8. STATE OF KERALA,REP;BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI.T.K. VIPINDAS. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- R.P. No.449 of 2011-A ------------------------------------------------- Dated this the 29th day of June, 2011 ORDER Basant,J. This petition for review is filed by the petitioner against the judgment in W.P.(c) No.16209/11 dated 16/6/2011 by which the petition was dismissed in limine with observations. The learned counsel for the petitioner now prays that the judgment may be reviewed and recalled and the petitioner may be permitted to withdraw the petition. 2. Having rendered our very anxious consideration to the prayer raised, we are not persuaded to accept the said request. The learned counsel for the petitioner submits that the apprehension of the petitioner is that the observations therein may be mis-utilized by the adversary in other connected proceedings. We find no room for any such grievance. By way of abundant caution and to clarify the position, we now make it clear that we had not intended to express any opinion on merits about the dispute between the parties. The fact that the petition was dismissed in limine with observations will not in any way fetter any right of the petitioner and shall not clothe any other R.P. No.449 of 2011 -: 2 :- with any right to make use of the observations in the said judgment against the petitioner. 3. With the above observations, this review petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge