IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 RP.No. 567 of 2011(A) ------------------------------- AGAINST THE JUDGMENT/ORDER IN WPC.13205/2011 DATED13/05/2011 .................... PETITIONER/1ST RESPONDENT: ---------------------------------------------- ANIL KUMAR, S/O.LATE KARTHIKEYAN PECHUVILAKOM, KOLATHUKARA, KULATHOOR P.O., THIRUVANANTHAPURAM, PROPRIETOR, LAKSHMI ENGINEERING WORKS, KULATHOOR, KULATHOOR P.O., THIRUVANANTHAPURAM- 695 583. BY ADV. SRI.R.S.KALKURA RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4: ---------------------------------------------------------------------------------- 1. S. RAJAN, ARUN NIVAS (TRS), KULATHOOR P.O., THIRUVANANTHAPURAM-695 583. 2. CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE BUILDING, THIRUVANANTHAPURAM- 695 001. REPRESENTED BY ITS SECRETARY. 3. SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE BUILDING, THIRUVANANTHAPURAM- 695 001. 4. SUB INSPECTOR OF POLICE THUMBA POLICE STATION THIRUVANANTHAPURAM- 695 024. R1 BY ADV. MR.M.P. MADHAVANKUTTY. R2 & R3 BY ADV. MR.P.K. MANOJ KUMAR, SC. R4 BY GOVT. PLEADER MR.BIJOY CHANDRAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs RP.No. 567 of 2011(A) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A1: COPY OF THE DEED NO.6 OF 2008. ANNEXURE-A2: COPY OF THE TAX RECEIPT BEARING NO.0068048 DATED 06/08/2008 ISSUED BY THE VILLAGE OFFICER, ATTIPRA. ANNEXURE-A3: COPY OF THE TAX RECEIPT BEARING NO.0068072 DATED 10/08/2009 ISSUED BY THE VILLAGE OFFICER, ATTIPRA. ANNEXURE-A4: COPY OF THE TAX RECEIPT BEARING NO.0068047 DATED 06/08/2009 ISSUED BY THE VILLAGE OFFICER, ATTIPRA. ANNEXURE-A5: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE DIRECTORATE OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA BEARING NO.09/10/06148/PMT/SSI. ANNEXURE-A6: COPY OF THE DEATH CERTIFICATE OF C.KARTHIKEYAN. ANNEXURE-A7: COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD NO.PCB/TVM-DO/ICO ENW/900/2010 TO M/S.LAKSHMI ENGINEERING WORKS. ANNEXURE-A8: COPY OF THE ORDER DATED 19/11/2010 ISSUED BY THE OMBUDSMAN IN COMPLAINT NO.631 OF 2010. ANNEXURE-A9: COPY OF THE NOTICE DATED 08/12/2010 ISSUED BY THE TRIVANDRUM CORPORATION TO SRI.ANIL KUMAR. ANNEXURE-A10: COPY OF THE PLAINT IN O.S.1694 OF 2010 ON THE FILE OF THE 3RD ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM. ANNEXURE-A11: COPY OF THE ORDER IN I.A.8938 OF 2010 IN O.S.1694 OF 2010. ANNEXURE-A12: COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.1694 OF 2010 OF MUNISFF'S COURT, TRIVANDRUM. ANNEXURE-A13: COPY OF THE ORDER IN I.A.8938 OF 2010 DATED 14/12/2010 OF THE IIIRD ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM. ANNEXURE-A14: COPY OF THE ORDER IN WP(C) NO. 13205 OF 2011 DATED 13/05/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs C.K.ABDUL REHIM,J. ------------------------------- RP.567/2011 in WP(C).NO. 13205 of 2011 --------------------------------- Dated this the 18th day of August, 2011 ORDER It is contended that at the time when the writ petition was filed Ext.P1 order was not in force. The review petitioner points out that, subsequent to Ext.P1, the Tribunal for Local Self Government Institutions had issued another order, Annexure A8 on 19.11.2010 . The writ petitioner had in fact challenged the said order in another writ petition filed before this court. This court had declined to issue any interim order in that writ petition, WP(C).No.9435/11. It is also stated that, challenging Annexure-A8 order the petitioner had also filed a civil suit before the Munsiff Court,Thiruvananthapuram, as OS.No.1694/10 and the injunction application filed in that suit now stands dismissed. 2. Under the above circumstances, I am of the view that Ext.P1 order was not in force at the time when Annexure A14 interim order was issued ( i.e. on 13.5.2011). Therefore the interim order issued on 13.5.11 (Annexure A14 is hereby recalled.) The Review Petition is allowed to the above extent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 2