IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 RP.No. 505 of 2011(J) --------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11493/2011 Dated 08/04/2011 . ................... REVIEW PETITIONER(S): PETITIONER IN WPC ------------------------------------------------------------------- SAJU K.THANKAPPAN, ASSISTANT ENGINEER, (AGRI) (UNDER REVERSION AS MECHINIST) RESEARCH TESTING & TRAINING CENTRE (R.T.T.CENTRE),VELLAYANI VELLAYANI P.O., THIRUVANANTHAPURAM. 695522, R/AT PAINKUNI NIKETHAN, SREERAM NAGAR,SPRA HOUSE NO.245 NETTAYAM P.O., THIRUVANANTHAPURAM. TALUK 695013. BY ADV. SRI.VADAKARA V.V.N.MENON RESPONDENT(S): RESPONDENTS IN WPC -------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.PIN- 695 001 2. THE DIRECTOR OF AGRICULTURE, OFFICE OF THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 695 033. 3. THE DEPARTMENTAL PROMOTION COMMITTEE, (LOWER) FOR MAKING PROMOTION TO THE POST OF ASSISTANT ENGINEER (AGRI), REP. BY ITS CONVENER, THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 695 033 4. P.L.MAJU, ASSISTANT ENGINEER (AGRI) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRI) VELLAYANI, VELLAYANI P.O., THIRUVANANTHAPURAM. 695 522 5. A.DAMODARAN, ASSISTANT ENGINEER (AGRI) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRI) KARNADAKA, NEAR BLOCK OFFICE, KASARAGOD, KASARAGOD DISTRICT, PIN 671 121. 2/- -2- R.P.NO.505/2011 6. K.DINESAN, MECHANIC, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRI) MELACHOVVA, KANNUR, KANNUR DISTRICT, PIN - 670 018. 7. P.V.SANTHOSH, ASSISTANT ENGINEER (AGRI) OOFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRI) MANJERI, MALAPPURAM DISTRICT, PIN - 676121. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts R.P.NO.505/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX-1 COPY OF THE I.A.NO.107/2011 (IMPLEADING PETITION) DATED 02/1/2011 IN WP(C)NO.28349/2010(P) ALONG WITH THE AFFIDAVIT FILED THEREIN BY THE 6TH RESPONDENT HEREIN. ANNEX-II COPY OF THE I.A.NO.108/2011(PETITION UNDER SECTION 340 CRL.P.C) DATED 02/1/2011 IN WPC NO.28349/2010(P) ALONG WITH THE AFFIDAVIT FILED THEREIN BY THE 6TH RESPONDENT HEREIN. ANNEX-III COPY OF THE I.A.NO.109/2011 (PETITION FOR VACATING EXP.P31 STAY ORDER) DATED 02/01/2011 IN WP(C)NO.28349/2010(P) ALONG WITH AFFIDAVIT FILED THEREIN BY THE 6TH RESPONDENT HEREIN. ANNEX-IV COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONER DATED 10/01/2011 ALONG WITH EXTS.P13 AND P18 ISSUED THE SAME WAS FILED AGAINST I.A.NO.107/11 (IMPLEADING PETITION) FILED BY THE 6TH RESPONDENT. ANNEX -V COPY OF THE COMMON JUDGMENT DATED 18/03/2011 IN WPC NO.5642/10 -E AND 28349/2010(P) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. ANNEX-VI COPY OF THE JUDGEMENT DATED 10/06/2011 PASSED BY THIS HON'BLE COURT IN W.A.NO.554 OF 2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- R.P.No.505 OF 2011 in W.P(C)No.11493 of 2011 ---------------------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application to review of my judgment dated 8.4.2011 in W.P.(C)No.11493/2011. That judgment was rendered on a finding that filing of a writ petition, when the earlier writ petition on the same cause of action was dismissed as withdrawn without liberty to file a fresh petition, is an abuse of the process of the Court. Therefore, the writ petition was dismissed with costs. 2. I am of opinion that the filing of the review petition compounds the matter, insofar as it is a further abuse of the process of this court. Accordingly, this review petition is dismissed with further costs of Rs.15,000/- to be paid to the Kerala Mediation Centre within two weeks. Post on 5.8.2011 for appearance of the petitioner in the writ petition to consider whether the contempt of court proceedings should be initiated against him for non-payment of costs. S. SIRI JAGAN, JUDGE acd