IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 RP.No. 974 of 2009(W) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21192/2007 Dated 19/08/2009 .................... REVIEW PETITIONER /4TH RESPONDENT IN WPC. --------------------------------------------------------------- C.M.RAVI, MANAGING PARTNER, BLISSOTEL, KUNDALIYUR P.O., ENGANDIYOOR,THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT/PETITIONER & RESPONDENTS 1 TO 3 IN WPC: ---------------------------------------------------------------- 1. T.V.SADANANDA BAI, W/O.K.K.BABURAJAN, KAKKANAT HOUSE, CO-OPERATIVE ROAD, CHEMBUKAVU, THRISSUR -680 020. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. ADV. R GEORGE POONTHOTTAM THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------- R.P.No.974 of 2009 W --------------------------------------- Dated this 06th day of November, 2009 JUDGMENT Counsel appeared for both sides. Service completed. The judgment sought to be reviewed was issued recording that the disputes between the parties stand resolved as per Ext.P17. It was accordingly that the official respondent were directed to take up Exts.P4 and P17 and pass order on Ext.P4. Now, it is pointed out that Ext.P17 is not the so called settlement between the parties and that the judgment was passed on mistake of fact. This submission of the petitioner is disputed by the private respondent. Obviously, therefore, this writ petition could not have been ordered on the basis of any settlement of disputes. Hence the judgment sought to be reviewed is recalled and vacated. This review petition will stand allowed accordingly. Let the writ petition be listed appropriately. THOTTATHIL B. RADHAKRISHNAN, JUDGE Sbna/