IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 RP.No. 82 of 2009 ------------------------ AGAINST THE JUDGEMENT IN WPC.14795/2005 Dated 09/03/2007 AGAINST THE JUDGEMENT IN WA.1098/2007 Dated 06/10/2008 .................... REVIEW PETITIONER/APPELLANT/RESPONDENT IN WP ------------------------------------------------------------------------------- CHITTUR TATTAMANGALAM MUNICIPALITY MUNICIPAL OFFICE, CHITTUR COLLEGE POST, PIN-678104,REPRESNTED BY ITS SECRETARY, C.KURIAKOSE. BY ADV. SRI.K.RAMAKUMAR (SR.) & SRI.A.SREERAMAKRISHNAN RESPONDENTS/PETITIONERS & RESPONDENTS 2 & 3 IN WP --------------------------------------------------------------------------------------- 1. CLR WORKERS' UNION (INTUC), CHITTUR- TATHAMANGALAM UNIT, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, ARUMUGHAM AGED 43 YERS,S/O. APPASWAMY. 2. ARUMUGHAM, S/O.APPASWAMY,SWAMI VILAS ROAD, THATHAMANGALAM.P.O. PALAKKAD. 3. SHAHADEVAN, S/O.ARUMUGHAM, MOOTHACHETTIKULAMB, THATHAMANGALAM P.O. PALAKKAD. 4. VASU, S/O.CHATHU,POONGODU HOUSE, THATHAMANGALAM, PALAKKAD. 5. VELAYUDHAN, ANDI, CHENTHAMARA NAGAR, THATHAMANGALAM, PALAKKAD. 6. AROGYASWAMI, S/O.CHAMIKANNE, CHINGATTU, KOLAMBU, CHENTHAMARA NAGAR,THATHAMANGALAM, PALAKKAD. 7. RADHAKRISHNAN, S/O.RAMACHANDRAN, VADAKKETHARA, CHITTUR, PALAKKAD. 8. NARAYANAN R., S/O.APPUKUTTY, VADKKETHARA, CHITTUR, PALAKKAD. 9. NARAYANAN.A. S/O.APPUKUTTY, VADAKKANTHARA, CHITTUR, PALAKKAD. R.P.NO.82 OF 2009 - 2 - 10. ARAVINDAKSHAN, S/O.PAZHANIMALA, VADAKKETHARA, CHITTUR, PALAKKAD. 11. SUNDARAN,S/O.ARUMUGHAN,KAVILKALAM, THATHAMANGALAM, PALAKKAD DISTRICT. 12. BABU, S/O.ARUMUGHAN, OLAKKAN VEEDU, NEDUKKALAM, CHITTUR COLLEGE P.O. PALAKKAD. 13. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 14. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R13 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R14 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS REVIEW PETITION HAVING COME UP FOR ORDERS ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy, Ag.C.J. & K.P.Balachandran, J. ------------------------------------------ R.P.No. 82 of 2009 & C.M.Appln.No.4 of 2009 ------------------------------------------ Dated, this the 28th day of January, 2009 ORDER J.B.Koshy, Ag.C.J. For the reasons stated in the affidavit, delay in filing the review petition is condoned. 2. It was argued by the learned counsel appearing for the review petitioner that Section 223 of the Kerala Municipality Act was not considered while passing the judgment under review as under Section 223 no posts can be created except with the previous consent of the Government. By the judgment under review we have dismissed the writ appeal filed by the Municipality as the learned Single Judge has passed a considered judgment mainly relying on finding of facts and the question whether the petitioners therein are entitled to the benefit of Ext.P1 Government Order and held that they are entitled to the benefit of Ext.P1 order. After considering the entire points urged in the pleadings as well as at the R.P.No.82 of 2009 2 time of hearing, we see no ground to review the judgment, since the Government order was only directed to be implemented, No grounds are made out to review the judgment. Review petition is dismissed. J.B.Koshy (Ag. Chief Justice) K.P.Balachandran (Judge) vns