IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 RP.No. 447 of 2006(J) --------------------- AGAINST THE JUDGEMENT IN OP.20464/1997 Dated 09/12/2005 .................... REVIEW PETITIONER/PETITIONER IN O.P.: ---------------------------------------------- K.K.PREMADAS,(DIED) KODAPULLY HOUSE, P.O.NATTIKA, THRISSUR DISTRICT. ADDL. 2. GIRIJA PREMADAS, W/O.LATE K.K. PREMADAS AGED 44 YEARS, KODAPPULLY HOUSE, P.O. NATTIKA, THRISSUR DISTRICT. “ 3. HONEY K. PREMADAS, D/O. LATE K.K. PREMADAS AGED 19 YEARS, KODAPPULLY HOUSE, P.O. NATTIKA, THRISSUR DISTRICT. “ 4. HAPPY K. PREMADAS, D/O. LATE K.K. PREMADAS AGED 12 YEARS, KODAPPULLY HOUSE, P.O. NATTIKA, THRISSUR DISTRICT, REPRESENTED BY HER MOTHER GIRIJA PREMADAS. (LEGAL HEIRS OF DECEASED PETITIONER ARE IMPLEADED AS ADDITIONAL PETITIONERS AS PER ORDER DATED 25.07.08 IN IA NO.297/08) BY ADV. SMT.K.R.KRISHNAKUMARI RESPONDENTS/RESPONDENTS IN O.P.: -------------------------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, P.O.CAHANTHRAPPINNI, THRISSUR DISTRICT. 2. K.K.SOMASUNDARAM (DIED), KODAPPULLY HOUSE, P.O.THALIKULAM, CHERKARA, THRISSUR DISTRICT. 3. AMBUJAKSHY, W/O. LATE K.K.SOMASUNDARAM, KODAPULLY HOUSE, P.O.THALIKULAM, CHERKARA, THRISSUR DISTRICT. RP.No. 447 of 2006(J) 4. BEENA BALAKRISHNAN, D/O. LATE K.K.SOMASUNDARAM, KALLUVATHUCKAL HOUSE, CHIRACKAPAREKAL P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 5. BABU, S/O. LATE K.K.SOMASUNDARAM, KODAPULLY HOUSE, P.O.THALIKULAM, CHERKARA, THRISSUR DISTRICT. 6. BINDU CHANDRAN, D/O. LATE K.K.SOMASUNDARAM, KIZHAKKOOTTIYIL HOUSE, P.O.VALAPPAD, THRISSUR DISTRICT. 7. BINNY JOSEPH, D/O. LATE K.K.SOMASUNDARAM, PALLIYIL HOUSE, THRISSUR DISTRICT. 8. BINI SUHAS, D/O. LATE K.K.SOMASUNDARAM, KALLAYIL HOUSE, P.O.KANDAR, THRISSUR DISTRICT. R1 BY GOVERNMENT PLEARDER, SMT. SMITHA R3 TO R8 BY ADV. SRI.K.G.BALASUBRAMANIAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kurian Joseph, Ag.CJ. - - - - - - - - - - - - - - -- - - - - - - - R.P.No. 447 OF 2006 IN O.P. No. 20464 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2010 O R D E R This is a review petition at the instance of the petitioner. The writ petition was dismissed as not pressed by judgment dated 09.12.05. It is stated in the Memorandum of Review Petition that the writ petition was dismissed owing to a mistake of fact. Therefore it is prayed that the Review Petition may be allowed and the writ petition may be heard on merits. 2. Having heard counsel on both sides and having regard to the contentions taken in the writ petition, it is only in the interest of justice that the parties are granted an opportunity to have the matter considered on merits. Therefore, the judgment dated 09.12.05 is recalled. Review Petition is allowed. Post the Original Petition for hearing. Kurian Joseph, Acting Chief Justice. WA No. -:2:- ttb