IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 RP.No. 165 of 2009 (A) ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.37803/2008 Dated 19/12/2008 .................... REVIEW PETITIONER/PETITIONER IN THE WPC: --------------------------------------------------------------------------- R.RADHAKRISHNA PILLAI HEAD SURVEYOR RE-SURVEY SUPERINTENDENT OFFICE THIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.V.K.SATHYANATHAN RESPONDENTS/RESPONDENTS IN THE WPC ----------------------------------------------------------------------- 1. STATE OF KERALA, REP BY ITS SECRETARY REVENUE DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM 2. THE SECRETARY KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM THIRUVANANTHAPURAM 3. THE DIRECTOR OF SURVEY & LAND RECORDS SURVEY DIRECTORATE, VAZHUTHAKKADU THIRUVANANTHAPURAM ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 GOVT. PLEADER SRI.P.RAVINDRA BABU THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.165 OF 2009 in W.P.(C)No.37803 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September 2009 ORDER This review petition unravels a sinister attempt by a litigant to mislead the court and abuse the judicial process in order to achieve some advancement in his career. 2. Petitioner who is stated to be working as a Head Surveyor in the Revenue Department filed Writ Petition No.37803 of 2008 praying for a direction to get his answer script in Paper-2, namely “Boundary Disputes and allied Matters” for Head Surveyors test, revalued. The above prayer was allowed by this court, since in some other identical cases the Kerala Public Service Commission had agreed to revalue the said paper. The writ petition filed by the petitioner was disposed of on December 19, 2008 allowing the prayer for revaluation, however making it clear that petitioner's answer script in the said paper would also be revalued if he had already submitted a valid application in this regard. 3. Subsequently, this review petition has been filed on January 30, 2009 stating that the petitioner had committed an inadvertent mistake while mentioning the name of the paper. According to the petitioner, his request for revaluation was in respect of Part A Paper I of First Grade Surveyors test. It is stated by the petitioner that he had not appeared for R.P.No.165/09 in W.P.(C)No.37803/08 :: 2 :: the paper 'Boundary Disputes and Allied Matters' in the Head Surveyors test. Therefore, petitioner has prayed for review of the judgment. 4. He has further stated that he had committed a mistake as regards the date of examination as well. According to him, the date of the examination ought to be changed as January 23, 2008 instead of January 24, 2008. The prayer in the review petition is “to replace” the words “Boundary Disputes and Allied Matters” appearing in the judgment in the relevant paragraphs with the words “Part A II Paper of 1st grade Surveyor test”. 5. When this review petition came up for consideration, a direction was issued to the Commission to get instructions in the matter. 6. What is revealed in the counter affidavit filed by the Under Secretary of the Commission is quite startling. It is stated that the petitioner had never appeared for the examination held on January 24, 2008 as claimed by him for the Head Surveyors' Test in Paper 2 namely 'Boundary Disputes and Allied Matters'. On the contrary he had appeared only for First Grade Surveyors' test held on January 22 and 23, 2008. It is further revealed that petitioner had failed in paper II and had in fact applied for writing the said examination again on November 12, 2008 as revealed from Ext.R2(a). In short, he was not entitled to appear for the Head Surveyors' test at all. R.P.No.165/09 in W.P.(C)No.37803/08 :: 3 :: 7. The writ petition was filed on December 18, 2008 without revealing any of these aspects. It has to be remembered that this court had directed revaluation of Paper II in Head Surveyors' Test only and not for any paper in any of the examinations for the First Grade Surveyors' test. Therefore, even assuming that the failure of the petitioner not to reveal the fact that he had already applied for writing the second paper in First grade Surveyors test was an inadvertent omission, it cannot be said that the petitioner is totally innocent. 8. It is now brought to my notice that the petitioner had in fact applied for rechecking his marks in the papers in First grade Surveyors' test and the commission had, after rechecking, found that there was no change in the marks obtained by him. The petitioner was informed about this on October 10, 2008. It was thereafter he had submitted Ext.R2(a) application for writing the said examination again. 9. In the Review Petition, petitioner has proceeded as though he had committed an inadvertent mistake in the writ petition while mentioning the name of the paper and date of examination. He had never appeared for the Head Surveyors' test. Obviously, petitioner wanted to take advantage of the judgment and get his Paper II in Surveyors' Test revalued especially after his first attempt to get it rechecked had failed. Not only that he had already filed an application for writing the said R.P.No.165/09 in W.P.(C)No.37803/08 :: 4 :: paper again. Petitioner had thus willfully and deliberately attempted to mislead this court by making certain statements under oath which were to his knowledge totally false. In my view, the conduct of the petitioner cannot be pardoned. 10. Therefore, the judgment dated December 19, 2008 in Writ Petition No.37803 of 2008 is recalled. Writ Petition No.37803/08 is dismissed. The review petition is also dismissed with a cost of Rs.25,000/-. 11. The cost shall be remitted by the petitioner before this court within one month from the date of receipt of a copy of this judgment. Rs.15,000/- out of the cost shall be paid to the Kerala Public Service Commission and Rs.10,000/- shall be disbursed to the Kerala Mediation Centre attached to this High Court. A copy of this order shall be forwarded to the Secretary, Revenue Department in the Government of Kerala for information and necessary action. (A.K.BASHEER, JUDGE) jes