High Court Kerala High Court

Amballoor Grama Panchayat vs Ashraf on 6 August, 2008

Kerala High Court
Amballoor Grama Panchayat vs Ashraf on 6 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 840 of 2008(Y)


1. AMBALLOOR GRAMA PANCHAYAT
                      ...  Petitioner

                        Vs



1. ASHRAF, S/O.KHALID
                       ...       Respondent

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/08/2008

 O R D E R
                          ANTONY DOMINIC, J.

                   =R.P.=No.= = = = = = = = = = =
                      =   =
                                  840       of 2008
                                    in
                   =W.P.(C) = = = = = = = = = = =
                             No. 10496 OF 2008 Y
                      = = =


                 Dated this the 6th day of August 2008


                               O R D E R

Review of the judgment in W.P.(C) No. 10496/08 is sought for.

Main grounds raised in this review petition are that the writ petitioner has

an alternate remedy of appeal available and that the issue involves

disputed questions of fact which could not have been decided in a writ

petition. These two grounds are not available to seek review of the

judgment, and reviewed is permissible only if there is an error apparent

on the face of the record.

2. Learned counsel for the review petitioner then submits that

the finding in the judgment that there was only one chicken stall in the

market in question is incorrect. According to him, even in the previous

years there were two chicken stalls and the proposal of the Panchayat in

Annexure A notice was to auction the additional chicken stall. Counsel

contends that if there was an additional chicken stall in existence in the

previous years there is absolutely no basis for the contention of the

petitioner that there was only one chicken stall.

R.P. No.840/08 in WPC 10496/2008

– 2 –

3. The judgment was rendered referring to Ext. P1 notice

published by the Panchayat which indicated only one chicken stall and it

did not make any reference to any additional chicken stall. Now what is

relied on by the Panchayat in support of its contention is Annexure A,

which of course, mentions yet another chicken stall and the auction of

which has been interfered in the judgment. Even now, apart from making

assertions the Panchayat has not placed any record to prove that there

was an additional chicken stall in existence. Since the Panchayat has

failed to produce any document in support of its plea that there existed

an additional chicken stall, I am not in a position to conclude that the

finding in the judgment that there was only one chicken stall in the

market is erroneous. That apart the finding in this respect cannot be

stated to be vitiated by error, justifying review.

4. I am not satisfied that the review petitioner has made out a

case for review of the judgment.

Review petition is dismissed.

ANTONY DOMINIC
JUDGE
jan/-