IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 RP.No. 773 of 2011(U) ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25569/2011 ........................................................................................................ REVIEW PETITIONER(S)/STRANGER & THE 3RD RESPONDENT: ------------------------------------------------------------------------------------------ 1. POYYA GRAMA PANCHAYATH, POOPATHI P.O., POYYA, MALA, THRISSUR DIST., REPRESENTED BY ITS SECRETARY. 2. DAISY THOMAS AGED 38 YRS, W/O THOMAS.T.A., THEKKUMTHALA HOUSE, MADATHUMPADY.P.O., THRISSUR DIST. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.ONEAL SABU RESPONDENT(S)/ PETITIONER & RESPONDENTS 1,2 &4 IN THE WRIT PETITION: --------------------------------------------------------------------------------------------------------------------- 1. VINOY.T.S., AGED 39 YRS, S/O. SEBASTIAN, THEKKUMTHALA HOUSE, MADATHUMPADY.P.O., THRISSUR DISTRICT – 680733 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR COLLECTORATE, AYYANTHOL, THRISSUR – 680 001. 3. THE SUB-INSPECTOR OF POLICE, MALA POLICE STATION, MALA, THRISSUR – 680 732. 4. THOMAS.T.A., THEKKUMTHALA HOUSE MADATHUMPADY.P.O., THRISSUR DISTRICT – 680733. R2 & R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. R1 BY SRI. M.H. MANSOOR. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU RP.No. 773 of 2011(U) APPENDIX PETITIONER'S ANNEXURES: A1 : COPY OF THE COMPLAINT DTD 17/09/2011, SUBMITTED BY THE MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, ANNAMANADA BEFORE THE SECRETARY POYYA GRAMA PANCHAYATH. A2 : COPY OF THE COMPLAINT DTD NIL SUBMITTED BY THE RESIDENTS OF THE LOCALITY, BEFORE THE PANCHAYATH, REQUESTING FOR TAKING ACTION AGAINST THE ILLEGAL MINING CONDUCTED BY THE 1ST RESPONDENT. A3 : COPY OF THE DECISION NO. 17 DTD 01/03/2011 OF THE POYYA GRAMA PANCHAYATH, RESOLVING TO STOP THE EXTRACTION OF EARTH FROM DIFFERENT AREAS OF THE PANCHAYATH. A4 : COPIES OF THE PHOTOGRAPHS SHOWING THE ILLEGAL EXCAVATION OF EARTH AND LATERITE STONE BY THE 1ST RESPONDENT. A5 : COPY OF THE SKETCH SHOWING THE AREA FOR WHICH, EXHIBIT P1 PERMIT IS GRANTED TO THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL //TRUE COPY/ P.A TO JUDGE. STU ANTONY DOMINIC, J. ---------------------------------------------------- R.P. No. 773 of 2011 in W.P.(C) No. 25569 OF 2011 ----------------------------------------------------- Dated this the 24th day of October, 2011 O R D E R Review of the judgment in WP(C) No. 25569 of 2011 is sought for by the first petitioner who is not a party to the judgment and the 2nd petitioner who was the 3rd respondent in the writ petition and who however did not enter appearance when the case was heard. 2. I heard the counsel for the petitioners and also the learned counsel for the writ petitioner. Despite having heard the submissions made, I am inclined to think that there is no error in the judgment warranting its review. 3. Be that as it may, the apprehension expressed by the petitioners is that observations in the judgment will prevent the 1st petitioner from exercising its statutory powers. Taking note of this apprehension it is clarified R.P. No. 773 of 2011 in W.P.(C) No. 25569 OF 2011 :2 : that the observations in the judgment it will not in any manner prevent the Panchayath from exercising the statutory powers which are conferred on it under the Kerala Panchayath Raj Act, 1994. With this clarification the review petition is disposed of. ANTONY DOMINIC, JUDGE ul/-