IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 RP.No. 232 of 2010(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33369/2009 Dated 11/01/2010 .................... REVIEW PETITIONER(S): PETITIONER: ---------------------------------------------------------- P.P.M. MOOSAKUTTY HAJI, POONTHOTTAM POYIL HOUSE, THACHAMBIL.P.O, THAMARASSERY, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE THAMARASSERY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, THAMARASSERY, KOZHIKODE. 3. THE SECRETARY, THAMARASSERY GRAMA PANCHAYATH,KOZHIKODE. 4. ADBUL MUNEER, S/O. MOOPPAKUTTY, VATTIKUNNUMMEL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY,KOZHIKODE. 5. PRAKASH, S/O.C.K.KRISHNANKUTTY, SHUYDALAKUNNUMMEL HOUSE, H.NO.TP XV/474, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 6. KESAVAN.V.P, S/O.UNNIYATHAN, H.NO.XV/468A, VETTUKALLUMPURAM HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. Kss ..2/- ..2... RP.NO.232/2010 7. IBRAHIMKUTTY.V.K, S/O.AHAMMEDKUTTY, HOUSE NO.XV/251, VATTIKUNNUMMEL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 8. IMPICHI AYISHA, W/O.AHAMMEDKUTTY, HOUSE NO.XV/265, VATTIKUNNUMMEL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 9. ABDUL RAHIMAN.T.P, S/O.AHAMMEDKUTTY, HOUSE NO.XV/263, VATTIKUNNUMMEL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 10. RAJESH.V.K, S/O.KUTTIMALU, HOUSE NO.XV/262, VATTIKUNNUMMEL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 11. PATHUMMA, W/O.AHAMMEDKUTTY, HOUSE NO.XV/454, KANIYARUPIL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 12. K.YESODA, W/O.UNNI MASTER, HOUSE NO.XIV/54, KANIYARUPIL HOUSE, THACHAMPOYIL.P.O, THAMARASSERY, KOZHIKODE. 13. C.K.KRISHNANKUTTY, S/O.UNNIYATHAN, CHUDALAKUNNUMMEL HOUSE, HOUSE NO.TP XV/474, THANPOYIL.P.O, THAMARASSERY, KOZHIKODE. R1 BY GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU R4 BY ADV. SRI.M.R.DHANIL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- R.P.No.232 of 2010 in W.P.(C.) No.33369 of 2009 --------------------------------- Dated, this the 28th day of June, 2010 O R D E R Review of the judgment dated 11/01/2010 in WP(C) Nos.33369/2009 is sought for. By the said judgment, this Court directed the Panchayat to reconsider the matter as directed by the Tribunal in its order in R.P.No.130/08. Learned counsel for the review petitioner submits that in that order, the Tribunal has erroneously assumed that the petitioner did not have a permit issued under Section 233 of the Kerala Panchayat Raj Act. 2. Irrespective of the contentions now raised in this review petition, it is pointed out by the learned counsel for the Panchayat that in pursuance to the directions in the judgment, the Panchayat passed order dated 11/02/2010, and that against the said order, the review petitioner had filed appeal before the Tribunal as Appeal No.224/2010. It is pointed out that by order dated 30/04/2010, the appeal was disposed of setting aside the order dated RP No.232/2010 -2- 11/02/2010 passed by the Panchayat and directing the Panch yat to reconsider the matter as directed therein. Now that the matter is governed by subsequent orders passed by the Panchayat and the Tribunal, I do not think that this Court will be justified in reviewing the judgment as sought for. Now that the Panchayat is seized of the matter as above, it is for the review petitioner to produce his materials before the Panchayat and seek appropriate orders in the matter. This review petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg