IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 106 of 2010()
1. THE STATE OF KERALA, REP.BY THE
... Petitioner
Vs
1. C.P.JOSE, S/O.C.J.PAUL, AGED 55 YEARS,
... Respondent
2. LATHA JOSE, W/O.C.P.JOSE,
3. THRISSUR CORPORATION, REP.BY ITS
4. THE TOWN PLANNING OFFICER,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/05/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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R.P.106/2010 in W.P.(C).12073/2009-D
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Dated this the 24th day of May, 2010.
Order
The State Government seeks review of the judgment
dated 24th June, 2009 in WP(C).12073/2009. The
plea projected in this review application is that
the view expressed in paragraph 1 of the judgment
that the Town Planning Scheme in question has not
been operational and with the passage of time, it
has essentially turned obsolete, tends to impinge
the rights of the State Government and the Local
Self Government Institutions in so far as it may
tend to apply to various other cases. The issue
raised was at the instance of the petitioners and
the judgment is issued only by considering their
case. Not only that, the effect of the decision
of this Court in Padmini’s case, 1993(3) KLT 465
relied on in the judgment sought to be reviewed
has also been dilated upon during the course of a
different review petition. In so far as this case
RP106/10 -: 2 :-
is concerned, the Government had carried an
appeal to the Division Bench and had withdrawn it
after arguing the matter for some time. Taking
all the relevant facts and factors and
submissions into consideration, it is ordered
that the statement in the judgment sought to be
reviewed to the effect that the Town Planning
Scheme in question has essentially turned
obsolete would bind the State Government and the
Thrissur Corporation only as against the
petitioners and is not intended to carry any
precedential value. The review petition ordered
accordingly.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/2405