High CourtsSingle Bench(2023) 11 KL CK 0110

The Pallippuram Grama Panchayat vs Shalesh.C.S

High Court Of Kerala · Decided on 28 November 2023

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Allowed
CASE NUMBER
Review Petition No.1240 Of 2023

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Judgment

8 paragraphs · 291 words

Bechu Kurian Thomas, J

1.

This review petition is preferred by the Panchayat against the judgment dated 19.10.2023. In the aforesaid judgment, this Court had directed the 2nd respondent-Secretary of the Panchayat to consider and pass appropriate orders on the application for regularisation filed by respondents 3 and 4 therein, as well as Ext.P5 complaint filed by the petitioners in a time bound manner.

2.

In the present review petition, it is alleged that even before the date of the judgment, the regularisation application filed by respondents 3 and 4 was rejected by the Secretary and therefore, there is an error apparent on the face of record to the extent the said order was not brought to the notice of this Court.

3.

Learned Counsel for the respondent 3 and 4, however submitted that the order of rejection is only a two line order, which does not consider any of the relevant aspects and is not even a speaking order and therefore, the same cannot be treated to be a valid order and hence, the impugned judgment does not require any review.

4.

Concededly,  prior  to  the  date  of  the  judgment,  the Panchayat Secretary had passed an order rejecting the application for regularisation. Whether the order declining regularisation is valid or not is a matter which did not arise for consideration in the writ petition.

5.

Since on the date of judgment the application for regularisation had already been rejected, there is an error apparent on the face of record to the extent this Court directed the said application to be considered. Hence I find this is to be a fit case for reviewing the judgment.

6.

Accordingly, the judgment dated 19.10.2023 shall stand reviewed and recalled.

Review petition is allowed.