High Court Kerala High Court

Joseph K.J. (60 Years) vs M.Ramanathan Nair on 26 March, 2009

Kerala High Court
Joseph K.J. (60 Years) vs M.Ramanathan Nair on 26 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 337 of 2009(D)


1. JOSEPH K.J. (60 YEARS), S/O. MATHAI
                      ...  Petitioner

                        Vs



1. M.RAMANATHAN NAIR, AGED 56 YEARS,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE DISTRICT SUPERINTENDENT OF SURVEY,

4. SANTHAMMA W/O. K.J.JOSEPH,

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :26/03/2009

 O R D E R
                       V.GIRI, J
                     -------------------
         R.P.337/2009 in W.P.(C).34689/2008
                    --------------------
       Dated this the 26th day of March, 2009

                       ORDER

Third respondent in the writ petition has filed

this review petition essentially raising a contention

that certain aspects, which according to him were

vital, were not disclosed by the petitioner in the writ

petition. This inter alia relates to the filing of a

counter claim by the writ petitioner in

O.S.239/2005, seeking a declaration of title in

relation to the pathway in dispute. It is further

contended that based on the judgment which is

sought to be reviewed, a motion has been made by

the writ petitioner before the Civil Court for a stay

of further proceedings in O.S.239/2005 on the

ground that this Court had directed a statutory

revision to be disposed of by the District Collector.

2. A direction to the District Collector to dispose

of Ext.P2 revision in the writ petition obviously does

not mean anything more than what it is purported to

R.P.337/2009
2

convey. I have not considered the merits of the

contentions of the petitioner nor was the direction

intended to enable the writ petitioner to seek a stay

of proceedings in O.S.No.239/2005 or any other Suit

for that matter. It is open to the review petitioner

to bring to the notice of the Civil Court, the

observations being made by this Court in the review

petition.

3. Learned Government Pleader submits that the

District Superintendent of Survey who is competent

to consider the review petition under Section 13A of

the Surveys and Boundaries Act, has already heard

the parties. The submission is refuted by the

learned counsel for the review petitioner. Be that

as it may. I make it clear that I have not considered

the contentions raised by the writ petitioner on

merits and all that I have directed is that the

statutory authority exercising powers should

consider Ext.P2 revision, after notice to all affected

R.P.337/2009
3

persons and take a decision in accordance with law.

In these circumstances, I do not find any reason to

review the judgment. Review petition is accordingly

dismissed.

V.GIRI,
Judge

mrcs