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2008 Supreme(Ker) 31

THOTTATHIL B.RADHAKRISHNAN
Secretary, Ministry of Health and Family Welfare – Appellant
Versus
Aswathy Elsa Mathew – Respondent


Advocates Appeared:For the Petitioners:K. Ramakumar (Sr.), A. Sameer, Advocates. For the Respondent:S. Ramesh, Elvin Peter, Advocates.

Judgment :

This is an application for review of judgment passed on a writ petition under Article 226 of the Constitution. Two issues have been placed for consideration. First is regarding the maintainability of the application for review, the objection being that the same is out of time and the provision invoked is not the appropriate one. The second is as to the merits of the review petition on the basis of the contentions of the rival parties.

2. I shall first deal with the question of maintainability. The object of Article 226 is to provide a quick and inexpensive remedy to aggrieved parties. In Puran Singh vs. State of Punjab (A.I.R. 1996 S.C. 1092) rendered after the insertion of the Explanation to Section 141 CPC, by the amendment of 1976, it has been held that when the Constitution has vested extraordinary power in the High Court under Articles 226 and 227, the procedures for exercising such power and jurisdiction have to be traced and found in those provisions themselves. After noticing that no useful purpose will be served by limiting the power of the High Court by the procedural provisions prescribed in CPC, it was held that the provisions and procedures prescribed under C




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