IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 371 of 2007(P)
1. KERALA STATE BEVERAGES
... Petitioner
Vs
1. SHRI.THOMAS JOSEPH, AGED 52 YEARS,
... Respondent
2. STATE OF KERALA,
3. THE COMMISSIONER OF EXCISE,
4. THE ASSISTANT EXCISE COMMISSIONER,
5. THE MANAGER,
For Petitioner :SRI.MILLU DANDAPANI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :03/04/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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R.P.No.371 OF 2007
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Dated this the 3rd day of April, 2007
O R D E R
This review petition is filed by the 4th respondent in the writ
petition.
2. The writ petition was filed complaining about the proposed
location of IMFL outlet of the review petitioner. When the
matter came up for admission, it was submitted by the standing
counsel for respondents 4 and 5 that there is no proposal to shift
the shop to the location in question, at that time. This was
recorded and the writ petition was closed. This means, there
was no adjudication on merits.
3. This review petition is filed by the 4th respondent Kerala
State Beverages (Manufacturing & Marketing) Corporation Ltd.
contending that the submission made before Court on 23.2.2007,
leading to the disposal of the writ petition, was on a mistake of
RP.371/07
Page numbers
fact that occurred in the communication between the 4th
respondent and the counsel. It is pointed out that the
submission made on behalf of respondents 4 and 5 was factually
wrong and was erroneous as stated above.
4. The judgment dated 23.2.2007 was, obviously, issued
without considering the merits of the matter and on the
aforesaid premise. Hence the said judgment is recalled.
The review petition is allowed as above. The writ petition
will, therefore, be listed for admission as per the roster.
THOTTATHIL B.RADHAKRISHNAN
Judge
kkb.