IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 RP.No. 391 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5036/2008 DATED 15/07/2008 .................... PETITIONER/1ST & 2ND PETITIONER: ---------------------------------------------------- 1. M/S. AJITH ASSOCIATES PVT LTD., 3RD FLOOR, PUTHEN PLAZA, KPCC JN., M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS M.D. MR. B.R. AJITH. 2. MR. B.R. AJITH, S/O. DR. K. B. UNNITHAN, RESIDING AT FLAT NO. A & B, SILVER NEST APARTMNET, SILVER SAND ISLANDS, VYTTILA, COCHIN -16. BY ADV. MR.S.R.DAYANANDA PRABHU RESPONDENTS/PETITIONERS/RESPONDENTS: ------------------------------------------------------------------- 1. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD., (HUDCO) REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, HUDCO BHAVAN, INDIAN HABITAT CENTRE, LODHI ROAD, NEW DELHI -110 003. 2. REGIONAL CHIEF, HUDCO, REGIONAL OFFICE, 3RD FLOOR, SAPHALYAM, PALAYAM, THIRUVANANTHAPURAM. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. 4. MRS. DEVI AJITH, W/O. B.R. AJITH, RESIDING AT FLAT NO. A & B SILVER NEST APARTMENT, SILVER AND ISLANDS, VYTILLA, COCHIN -16. 5. M/S. GOODHOME (P) LTD., VRINDAVAN, DIWANS ROAD, ERNAKULAM REPRESENTED BY ITS MANAGER, C.K. SIVASANKARAN NAIR, S/O. A.K. KRISHNAN NAIR, RESIDING AT REMANIKA, KAITHARAM P.O., NORTH PARAVOOR, ERNAKULAM. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/05/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.391/2009 in W.P.(C).5036/2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of May, 2009. O R D E R The judgment sought to be reviewed was challenged by the petitioners in W.A.2082/2008. Annexure-A shows that, that was ordered on 14.11.2008 accepting the request of the appellants to be granted leave to withdraw the writ appeal with liberty to approach the competent authorities of the first respondent-institution. Granting such permission, the writ appeal was disposed of as withdrawn reserving liberty to the appellants therein, if they so desire, to approach the competent authorities of the first respondent- institution, for whatever reliefs they want. I do not find it appropriate for this Court to entertain a review petition against the judgment passed in the writ petition at this point of time, though the petitioners state that though RP391/09 -: 2 :- they approached the first respondent-institution, that turned futile. The review petition is hence dismissed without prejudice to the right, if any, of the petitioners to seek reliefs before any competent authority or court in accordance with law. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/010609