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2025 DAILYLAW 3917 (KER)

THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT v. BINDU V

RP/274/2025 · 2025-03-24

Basant Balaji

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 RP NO. 274 OF 2025 AGAINST THE JUDGMENT DATED 28.01.2025 IN OP(C) NO.1495 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONER: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SUPERINTENDENT DISTRICT MODEL HOSPITAL, PEROORKADA, THIRUVANANTHAPURAM, PIN - 695001 BY ADV GOVERNMENT PLEADER RESPONDENTS: 1 BINDU V AGED 48 YEARS D/O SASIDHARAN, RESIDING AT KAITHARATHALA PUTHENVEEDU-11 NEDUMBRAM, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695001 2 THE THIRUVANANTHAPURAM DISTRICT PANCHAYATH REPRESENTED BY ITS SECRETARY PATTOM, THIRUVANANTHAPURAM, PIN - 695004 OTHER PRESENT: GP SRI. SAYED M. THANGAL ADV. SRI. V.S BABU GIREESAN, SC SRI. THOMAS ABRAHAM THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP 274/2025 -2- 2025:KER:25789 O R D E R (Dated this the 24 th day of March, 2025) While disposing of OP(C) No.1495/2024, in the last paragraph it was held as follows: The counsel for the petitioner has made available receipts evidencing payment of Rs.50,000/- which was the rent defaulted by the petitioner. His further grievance is that the electricity connection has been disconnected because of non-payment of the rent. Since the entire rent is now paid, I deem it appropriate to direct the 2 nd respondent to consider Ext.P12 also in the light of payments made within two weeks from today and if the connection was given earlier to the petitioner’s bunk, the same shall be restored to the petitioner within the said period subject to the orders to be passed in Ext P5. The interim order passed by this court will be in force till the application for leave is considered. 2. This review petition is filed by the respondents 1 and 2 on the ground that an error has occurred in the judgment. In fact, the total rent due to the petitioner is around Rs.1,21,000/-, in which Rs.50,000/- is remitted and the balance amount is Rs.71,000/-. 3. Therefore, I find that there is an error apparent on the face of the record. Hence, I deem it RP 274/2025 -3- 2025:KER:25789 appropriate to review the judgment dated 28.01.2025, and the last paragraph is modified as : “The counsel for the petitioner has made available the receipts evidencing the payment of Rs.50,000/- which was the rent defaulted by the petitioner. It is seen that the total arrears come to Rs.1,21,000/- and only Rs.50,000/- is paid, so the balance amount of Rs.71,000/- is to be remitted by the petitioner for the full satisfaction of the rent. The petitioner seeks seven months time to pay the balance amount. Therefore, taking into consideration, the facts and circumstances of the case, as well as the inability to pay Rs.71,000/- in a single shot, I grant seven months time to the petitioner to pay the amount”. 4. The counsel for the review petitioners also submits that Ext.P12 is already disposed of. 5. The counsel for the 1st respondent objected to the same, and submits that he has not received any notice in that. RP 274/2025 -4- 2025:KER:25789 If any orders are passed in Ext.P12, it is for the 1st respondent to challenge it in appropriate proceedings. The review petition is disposed of as above. Sd/- BASANT BALAJI JUDGE JS