K.RAMAKRISHNAN, J ------------------------- This review petition is filed by the first respondent to review the final judgment passed in the writ petition dated.13.1.2014. The grievance of the review petitioner was that he was not heard and without hearing him, some unwanted allegations made against him were reiterated in the writ petition for the purpose of granting the relief. Further, it is mentioned in the petition that the notice was not personally served on him but it was served on somebody else and when he came to know about the pendency of the proceedings, he wanted to file vakkalath but the vakkalath was returned stating that the writ petition has already been disposed of. That prompted him to file the review petition.
2. When the review petition came up for hearing on admission we have passed an interim order as follows:-
“Issue notice to the first respondent in the review petition by speed post with postal acknowledgment. Government Pleader takes notice for respondents 2 to 4.
Review Petition No.92 OF 2014 IN W.P.(C).No.32232 OF 2013 2 Considering the submission made by the counsel for the review petitioner that on account of the order passed, he was not able to go his property and he apprehends that if he goes there, he will be arrested by the police, it is made clear that the order only gives protection against any Criminal Act of the review petitioner. If the petitioner wants to go his property, which is also a subject matter of dispute in other litigations, after giving intimation to second respondent, then he may be permitted to go, visit and do maintenance works, if any, required in the property.
G.P. is directed to inform the same to the concerned police officer”.
3. The respondents appeared through counsel.
4. Considering the fact that certain allegations made against the first respondent have been reiterated from the judgment without giving an opportunity to him to controvert the same, we feel that the final judgment passed by this court has to be reviewed retaining the interim order passed in the main writ petition with modifications made by us in the review petition during the pendency of this proceedings.
With the above modifications the review petition is allowed and the final judgment dated 13.01.2014 is recalled retaining the interim order passed in the writ petition with a modification made Review Petition No.92 OF 2014 IN W.P.(C).No.32232 OF 2013 3 in the review petition as mentioned above during the pendency of the proceedings. The fourth respondent is permitted to file his counter in the writ petition within two weeks and place it before the Registry for posting before the regular court for hearing for police protection.
Sd/-
K.RAMAKRISHNAN, JUDGE Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE R.AV