IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 RP.No. 1238 of 2009 ------------------------------- AGAINST THE JUDGEMENT IN WA.2426/2009 Dated 30/10/2009 .................... REVIEW PETITIONERS/RESPONDENTS 13 & 14 ------------------------------------------------------------------ 1. THE FOOD CORPORATION OF INDIA, BARAKAMBA LANE, HEAD QUARTERS, 16020, NEW DELHI - 1. 2. THE GENERAL MANAGER, FOOD CORPORATION OF INDIA, THIRUVANANTHAPURAM. BY SMT.V.P.SEEMANTHINI, SENIOR ADVOCATE ADV.SMT.S.KARTHIKA RESPONDENTS/PETITIONERS & RESPONDENTS -------------------------------------------------------------------- 1. THE DIRECTOR OF CIVIL SUPPLIES OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE DISTRICT SUPPLY OFFICER, MALAPPURAM. 4. THE GOVT. OF KERALA, FOOD AND SUPPLIES OF CONSUMER AFFAIRS DEPARTMENT, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 5. THE MALAPPURAM DISTRICT RATION WHOLESALE DISTRIBUTORS FEDERATION, P.O.TIRUR, REP. BY ITS GENERAL SECRETARY, P.K.ABDUL KAREEM, S/O.SEETHI HAJI, AGED 45 YEARS, RESIDING AT 'GREANS' EDAVANNA - 676 541, MALAPPURAM DIST. 6. P.K.ABDUL KAREEM, MANAGING PARTNER, ERNAD WHOLESALERS, WANDOOR, MALAPPURAM DIST. 7. ABDULAKUTTY P., S/O.MUHAMMED @ KUNHANI, PERINTHALMANNA, P.O.CHEMANAYUR, MALAPPURAM DISTRICT. RP NO.1238 OF 2009 - 2 - 8. THE SECRETARY, ANGADIPURAM SERVICE CO-OPERATIVE BANK, ANGADIPURAM, MALAPPURAM DISTRICT. 9. P.K.MOHAMMED ASHRAF, PK HOUSE, MAKARAPARAMBA, VE BANK, ANGADIPURAM, MALAPPURAM DISTRICT. 10. THE SECRETARY, MANJERI PCC SOCIETY, CALICUT ROAD, MANJERI, MALAPPURAM DISTRICT. 11. K.P.MUHAMMED BASHEER, MANAGING PARTNER, KPM WHOLESALE AGENCIES MANJERI, MALAPPURAM DISTRICT. 12. P.M.KUNHALI, MANAGING PARTNER, MALABAR WHOLESALERS, MANJERI, MALAPPURAM DISTRICT. 13. THE SECRETARY, KONDOTTY PCC MARKETING SOCIETY, KONDOTTY, MALAPPURAM DISTRICT. 14. N.HYDERALI, EDAKKARA, MALAPPURAM DISTRICT. 15. ABOOBACKER, NILAMBUR, ABOOBACKER & CO, NILAMBUR, MALAPPURAM DISTRICT. 16. P.T.ASKAR ALI, MANAGING PARTNER (ATTACHED TO KOTTAKAL SERVICE CO-OPERATIVE BANK), THENHIPALAM, MALAPPURAM DISTRICT. 17. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF AGRICULTURE AND CONSUMER AFFAIRS, FOOD & PUBLIC INSTRUCTIONS, KRISHI BHAVAN, NEW DELHI. R1 TO R4 BY ADDL. ADVOCATE GENERAL SRI.RENJITH THAMPAN R17 BY SRI.T.P.M.IBRAHIM KHAN, ASST. SOLICITOR GENERAL THIS REVIEW PETITION HAVING COME UP FOR ORDERS ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ C.M.Appln. No.225 of 2009 & R.P.No.1238 of 2009 ------------------------------------------ Dated this the 5th day of January, 2010 ORDER Thottathil B.Radhakrishnan, J. Respondents appear through their respective counsel. Heard counsel for the parties. Delay of 16 days in filing the review petition is condoned. 2. The only issue that arises for decision is as to whether the review petitioner is entitled to be heard in relation to the judgment sought to be reviewed. 3. The review petitioner is the Food Corporation of India, a public sector undertaking. The consequence of the judgment has visited them with issuance of notice by the State Government demanding payment of about Rupees three crores. In that view of the matter, we are sure that the review petitioner was entitled to be heard, more particularly because the review R.P.No.1238/2009 2 petitioner deals with public money. 4. Accordingly, we set aside the judgment sought to be reviewed without entering on merits and order that the writ appeal would be heard de novo along with W.A.No.2808 of 2009 on 11.1.2010. Review petition is allowed as above. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns