IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 RP.No. 1082 of 2010() ------------------------------ (TO REVIEW THE JUDGMENT DATED 11/10/2010 IN WP(C) NO. 29938 OF 2010.) REVIEW PETITIONER(S): PETITIONER ------------------------------------------------------ C.M. VARGHESE, AGED 76 S/O. TH0MAS MAMMEN, BUILDING NO.24/392, CHANDRAVIRUTHIL CALIPSO, KACHERY JN, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. SUB INSPECTOR OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT.688 605 2. CIRCLE INSPECTOR OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. THIRUVALLA MUNICIPALITY, REPRESENTED BY ITS SECRETARY.PIN- 688 605 4. G. RAJASEKHARAN, VISHNAVATHIL, MUTHOOR.P.O, THIRUVALLA. 688 610 5. DY. SUPERINTENDENT OF POLICE, THIRUVALLA.PIN- PIN- 688 605 6. SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN- 688 6050 R1 & R2, R5 & R6 BY GOVERNMENT PLEADER T.K. VIPINDAS R3 BY ADV. SRI. S.SUBHASH CHAND, SC FOR MUNICIPALITY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * R.P.No.1082 of 2010 in W.P.C.No.29938 of 2010 ---------------------------------------- Dated this the 14th day of December 2010 O R D E R K.M.JOSEPH,J The petitioner in the review petition is the petitioner in W.P.C.No.29938/2010. The writ petition was disposed of recording the submission of the learned Government Pleader that there is a plan approved by the 3rd respondent Municipality on 14/8/2010 and the 4th respondent is putting up the pit in terms of the plan. On the submission of the learned Government Pleader, the learned counsel for the petitioner sought permission to withdraw the petition without prejudice to challenge the same and it is at the request of the petitioner, the petition was dismissed as withdrawn. 2. In the review petition, it is submitted that when an application is made under the Right to Information Act seeking copy of the plan, it was the reply from the Public Information Officer that no such plan was issued and hence the petitioner has come before this Court. R.P.No.1082 of 2010 in W.P.C.No.29938 of 2010 2 3. Counter affidavit is filed by the Circle Inspector of Police, Thiruvalla wherein it is stated that based on the wireless message issued, he had made enquiries with the petitioner and the 4th respondent. The relative of the 4th respondent had furnished a copy of the plan for a leach pit which was approved by V.V.Satyavan, Municipal Secretary, Thiruvalla. Ext.R2(a) is the plan which is furnished by the relative of the 4th respondent. It is on the basis of Ext.R2(a) that instruction was given to the learned Government Pleader. It is stated that on the basis of further enquiries by the learned Government Pleader apparently on the basis of the review petition filed, he had issued a letter dated 08/12/2010 to the Thiruvalla Municipality seeking clarification. He was issued with a letter dated 13/12/2010 by the Municipal Secretary narrating the circumstances in which the Public Information Officer issued the communication. 4. We have heard the learned counsel for the Municipality and the learned Government Pleader. It is submitted by the learned Government Pleader that actually the plan has been issued; but it has not been incorporated in the concerned office file. The learned counsel for the Municipality R.P.No.1082 of 2010 in W.P.C.No.29938 of 2010 3 would submit that the original plan mentioned by the learned Government Pleader will be given to the petitioner immediately on his approaching to the Municipal Secretary. 5. We record the submissions and close the review petition. Needless to say, the petitioner will have the right to challenge the same in the appropriate forum, if he is so advised. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr R.P.No.1082 of 2010 in W.P.C.No.29938 of 2010 4 R.P.No.1082 of 2010 in W.P.C.No.29938 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010