IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 RP.No.430 of 2007 ---------------------- AGAINST THE JUDGEMENT/ORDER IN I.A. 559/2007 IN RFA.224/2004 Dated 29/03/2007 OS.472/1996 of ADDL.SUB COURT, IRINJALAKUDA .................... REVIEW PETITIONERS/PETITIONERS/RESPONDENTS 1&2: ---------------------------- 1. FRANCIS S/O. ELAVATHANGAL CHERIYA, KANIPAYOOR DESOM, KUNNAMKULAM VILLAGE, THALAPPILLY TALUK. 2. SMT.MARY FRANCIS, W/O. FRANCIS -DO- BY ADV. SRI.T.N.MANOJ RESPONDENTS/RESPONDENTS/APPELLANTS: ------------------ 1. RAJAN, S/O.VATTAPARAMBIL ULAHANNAN, INCHAKUNDU DESOM,MUPLIYAM VILLAGE, MUKUNDAPURAM TALUK. 2. SALEENA W/O.RAJAN, -DO- BY ADV. SRI.P.VIJAYA BHANU SRI.P.SANTHOSH (PODUVAL) THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. --------------------------------------------------- I.A.No.1519/2008 IN R.P.No.430/2007 IN R.F.A. 224/2004 & R.P.No.430 OF 2007 IN I.A.No.559/2007 IN R.F.A. 224/2004 -------------------------------------------------- Dated this the 3rd day of July, 2008. O R D E R Sankaran, J. I.A.No.559/2007 was filed by the petitioners for permission to cut and remove the rubber trees. An order dated 23.03.2007 was passed directing an auction to be held in respect of the right to cut and remove the existing trees, between the parties. The parties were directed to file statements showing the expenses for re-plantation. As per order dated 29.03.2007, an Advocate Commissioner was appointed to assess the value of trees. On 13.07.2007, the direction sought by the Advocate Commissioner to return the warrant was allowed. 2. R.P.No.430/2007 was filed by the petitioners to review the order in I.A.No.559/2007. An order dated 06.07.2007 was passed by us and later the review petition itself was disposed of on 23.11.2007. At the time when the review petition was heard, R.P.No.430/07 2 it was submitted by the counsel appearing for both parties that for the time being, it is not necessary to cut and remove the rubber trees. I.A.No.559/2007 was permitted to be withdrawn in the facts and circumstances as available at that point of time. 3. It would appear that the petitioners' filed I.A.No.960/2008 seeking permission to cut and remove the rubber trees. Another Division Bench of this Court passed an order dated 28.03.2008 holding that the dismissal of I.A.No.559/2007 would preclude the petitioners from maintaining another application. 4. The present application namely, I.A.No.1519/2008 is filed by the petitioners to reopen the review petition. The contention of the petitioners is that in the changed circumstances, it has become necessary to cut and remove the trees. It is submitted that unless the order permitting withdrawal of I.A.No.559/2007 is with liberty to file a fresh application as and when needed, it would cause great prejudice to the petitioners. Heard the counsel appearing for the petitioners as well as the respondents. The grievance put forward by the petitioners is R.P.No.430/07 3 genuine and the request is just and reasonable. We modify the order in the review petition and permit the petitioners to withdraw I.A.No.559/2007 with liberty to file a fresh application, if occasion so warrants. I.A.No.1519/2008 and R.P.No.430/2007 are disposed of as above. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp