IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 RP.No. 308 of 2009(C) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7161`/2006 Dated 05/09/2008 .................... REVIEW PETITIONER(S): RESPONDENTS --------------------------------- 1. LAND BOARD,THIRUVANANTHAPURAM. 2. CHAIRMAN, TALUK LAND BOARD,HOSDURG. 3. DEPUTY TAHSILDAR, (LR) HOSDURG. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.V.MANU RESPONDENT(S): --------------- K.PRABHAKARAN NAMBIAR, S/O. E.P.KESAVANKUTTY NAIR, LAXMI NIVAS KOTTACHERRY, KANHANGAD. BY ADV.SRI.A.K.JAYASANKAR NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- R.P.No.308 of 2009 in W.P(C).No.7161 of 2006 ----------------------------------------- Dated this the 7th day of September, 2010 O R D E R In this review petition the respondents in W.P(C)No.7161 of 2006 seek a review of the judgment delivered on 5.9.2008, whereby the writ petition was allowed on the short ground that counter affidavit has not been filed. 2. Heard the learned counsel on both sides. It is evident from the pleadings and the materials on record that what was challenged in the writ petition was a notice issued by the Taluk Land Board, Hosdurg under section 85(9A) of the Kerala Land Reforms Act proposing to reopen a ceiling case initiated against the writ petitioner. As noticed above, the writ petition was allowed on the short ground that the review petitioners herein, the respondents in the writ petition, had not filed a counter affidavit. Having regard to the larger public interest involved, I am of the opinion that the review petitioners should be afforded an opportunity to have the writ petition decided on the merits. It is stated that along with the review petition, a counter affidavit R.P.No.308 of 2009 in W.P(C).No.7161 of 2006 -:2:- was also filed in reply to the averments in the writ petition. In such circumstances I am of the opinion that the review petition should be allowed. I accordingly allow the review petition and set aside the judgment delivered on 5.9.2008 in W.P(C)No.7161 of 2006. The Registry is directed to post the writ petition for hearing as per roster, next week. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- R.P.No.308 of 2009 in W.P(C).No.7161 of 2006 ---------------------------- O R D E R 7th September, 2010