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Abdullakuttymuzhiyan

High Court Of Kerala|27 June, 2014
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JUDGMENT / ORDER

~~~~~~~ Antony Dominic, J.
Heard the learned senior counsel for the petitioners, learned Government Pleader and the learned senior counsel appearing for respondents 8to 11.
2. This petition is filed seeking review of our judgment dated 2.6.2014 dismissing W.A.No.735/2014 filed by the petitioners. The contention raised by the learned senior counsel for the petitioners is that his contention, based on the resolution passed by the Panchayat on 15.5.2014, was declined to be considered or accepted by this Court, on account of the submission made on behalf of the 6th respondent that the resolution has already been withdrawn. It is so recorded in paragraph 5 of the judgment.
3. However, the learned counsel points out that as is evident from Annexure-A1, the meeting of the Panchayat was held on 3.6.2014 and the resolution was withdrawn only on that date, which is after the judgment was rendered. This, according to the learned senior counsel, shows that an erroneous R.P.No.438/2014 in W.A.No.735/2014 2 submission was made before this Court and that since judgment was rendered on that basis, it should be reviewed and the Secretary of the Panchayat be called upon to explain the same.
4. Learned counsel appearing for the Secretary states that he was informed about the decision taken by the Panchayat to withdraw the resolution, but, however, on account of bonafide mistake committed by him the said instruction was conveyed to this Court in an erroneous manner by stating that the resolution has already been withdrawn. He was apologised for the mistake committed by him.
5. It is true that factually an erroneous submission was made before this Court. From the submissions made by the counsel for the 6th respondent it is clear that the same happened on account of a bona fide mistake of the counsel. In such circumstances and also since the resolution in any case now stands withdrawn, we do not think that any error justifying review of the judgment is made out.
Review Petition is therefore dismissed.
Ps/27/6/2014 Sd/- ANTONY DOMINIC, JUDGE.
Sd/- ALEXANDER THOMAS, JUDGE.
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Title

Abdullakuttymuzhiyan

Court

High Court Of Kerala

JudgmentDate
27 June, 2014
Judges
  • Antony
  • Alexander Thomas
Advocates
  • M Ramesh
  • M Ramesh
  • Sri Aneesh Joseph
  • Smt Dennis Varghese