High CourtsSingle Bench(2021) 11 KL CK 0049

Capt. Pedro Guilherme Da Veiga Pereira E Oliveira Artilheiro vs Union Of India

High Court Of Kerala · Decided on 9 November 2021

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Dismissed
CASE NUMBER
Review Petition No.785 Of 2021 In Writ Petition (C) No. 12911 Of 2021

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Judgment

8 paragraphs · 439 words

P.V.Kunhikrishnan, J

The above Review Petition is filed to review the judgment dated 29.09.2021 in W.P. (C)No.12911 of 2021. This Court issued the following directions in this judgment:

"1. The petitioner is free to visit India for a period of one week to take his belongings from the apartment situated at Kochi. After reserving the flight tickets, the petitioner shall inform the 6th respondent and the Foreigners Regional Registration Office (FRRO) about the date of his arrival and departure.

2.

All other contentions raised in this writ petition are left open and the petitioner is free to approach the appropriate authorities in accordance to law. The petitioner is Free to submit appropriate representation for that purpose before the appropriate authority and the appropriate authority will do the needful in accordance to law."

2.

The Review petitioner submitted that a huge amount is due from the respondents to the petitioner and he has no money to go back to his native place and therefore, the time fixed by this Court to visit India may be extended. The counsel also argued on merit.

3.

I perused the memorandum of review petition and also heard the learned counsel for the review petitioner. When the writ petition came up for consideration, the counsel for the petitioner limited his prayer for a visit to India for a short period to take his belongings from his apartment. This Court specifically stated in the judgment that the review petitioner can stay in India only for a period of one week to take his belongings from the apartment situated at Kochi. This was just like a consent order. This Court also clearly stated in the judgment that, all the contentions raised in the writ petition are left open and the petitioner is free to approach the appropriate authorities in accordance to law, if there is any other grievance to the petitioner. In such circumstances, I think there is nothing to review in the judgment.

After hearing the counsel for the Review petitioner and also after going through the memorandum of Review petition along with the Annexures produced in the Review petition, I see no reason to review the judgment. Even then, this Court was inclined to extend the period of stay of the petitioner in India till 12.11.2021, because a time extension petition was filed before the expiry of the time originally fixed in the judgment. That petition was withdrawn because this Court observed that the same is not maintainable in a disposed case. Now the petitioner wants to reagitate the case after reviewing the judgment, which is not legally permissible.

Therefore, the Review petition is dismissed.