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2020 Supreme(Ker) 712

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Sivaprasad S/o. P.V. Krishnan - Petitioner
Versus
The State of Kerala, Rep. By the Secretary, Public Work Department, Secretariat & Ors. - Respondents
R.P. No. 998 of 2019 in W.P.(C) No.38888 of 2018
Decided On : 22-09-2020

Advocates Appeared:
For the Petitioner: Sri. S. Vishnu (Tripunithura), Sri. Karthik Bhavadasan.
For the Respondents: Sri. K.V. Sohan, State Attorney, Smt. Hemalatha, Sri. Binu George, Sri. K. Rakesh Roshan, Smt. Thushara V.

Important points:
The mistake apparent on record means that the mistake is self-evident, needs no search and stares at its face. Surely, review jurisdiction is not an appeal in disguise. The review does not permit rehearing of the matter on merits.

Headnote:

Constitution of India-Art.227- The Code of Civil Procedure, 1908- Order XLVII, Rule 1 -A power of review is not to be confused with appellate power which may enable an Appellate Court to correct all manner of errors committed by the Subordinate Court-The power of review can be exercised for correction of a mistake but not to substitute a view- The review cannot be treated like an appeal in disguise- The mere possibility of two views on the subject is not a ground for review.

Statement of facts:

The petitioner, who is a third party to W.P.(C) No.38888 of 2018, has filed this review petition under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908, after obtaining leave of this Court, seeking review of the judgment of this Court dated 05.08.2019 in that writ petition-Remove the existing bus waiting shed situated inside the road margin of Kanhangad - Kasaragod KSTP Road at Uduma Junction, more particularly identified in Ext.P1 photographs. The petitioner has also sought for an order directing the 3rd respondent Chief Engineer to construct median/divider on the road so as to reduce traffic accidents at Uduma town and junction, as per the approval already granted.

Finding of the court:

The review jurisdiction under Order XLVII, Rule 1 of the Code is very limited and unless there is mistake or error apparent on the face of the record, the judgment does not call for review. Further, whilst exercising such power of review, the Court cannot be oblivious of the provisions contained in Order XLVII, Rule 1 of the Code and that the limits within which the Courts can exercise the power of review.

Result: Review petition dismissed

ORDER :

The petitioner, who is a third party to W.P.(C) No.38888 of 2018, has filed this review petition under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908, after obtaining leave of this Court, seeking review of the judgment of this Court dated 05.08.2019 in that writ petition. The said writ petition was one filed by the 5th respondent herein, who is a resident of Uduma Grama Panchayat, seeking a writ of mandamus commanding the Secretary, Uduma Grama Panchayat; the Chief Engineer, Kerala State Transport Project (KSTP); and the District Collector, Kasaragod, respondents 2 to 4 herein, to remove the existing bus waiting shed situated inside the road margin of Kanhangad - Kasaragod KSTP Road at Uduma Junction, more particularly identified in Ext.P1 photographs. The petitioner has also sought for an order directing the 3rd respondent Chief Engineer to construct median/divider on the road so as to reduce traffic accidents at Uduma town and junction, as per the approval already granted.

2. On 30.11.2018, when W.P.(C) No.38888 of 2018 came up for admission, this court admitted the matter on file. The learned Government Pleader took notice for respondents 1, 3 and 4 and this Court issued notice to the 2nd respondent by speed post.

3. In the writ petition, the 2nd respondent Secretary of Uduma Grama Panchayat has filed counter affidavit, pointing out that, vide Ext.P4 resolution No.6/2018 dated 11.10.2018, the Panchayat Committee decided to request the 4th respondent District Collector to take necessary steps to remove the bus shelter at Uduma Junction, in front of the railway gate, which is causing obstruction to the development of KSTP Road at Uduma Town. Based on Ext.P4, the District Road Safety Council, Kasaragode, vide Ext.R2(a) resolution dated 16.11.2018, authorised KSTP to take necessary steps to remove the bus shelter at Uduma Junction, on the western side of the railway gate. As evident from Ext.P1 photographs, the bus shelter in question is protruding into the tarred portion of KSTP Road earmarked as bus bay, posing danger to pedestrians and also to motorists. A few meters away from the said bus shelter there are two bus shelters constructed by KSTP on the road margin, without protruding into the tarred portion of the road earmarked as bus bay.

4. On 05.08.2019, when W.P.(C) No.38888 of 2018 came up for consideration, it was submitted by the learned Government Pleader that Ext.R2(a) decision taken by the District Road Safety Council (item No.12) to remove the bus shelter at Uduma Junction, on the western side of the railway gate, shall be implemented forthwith by the 3rd respondent Chief Engineer and the 4th respondent District Collector. The learned counsel for the writ petitioner submitted that the writ petition may be disposed of recording the above submission made by the learned Government Pleader. Having considered the submissions made by the learned counsel on both sides, this Court by the judgment dated 05.08.2019 disposed of W.P.(C) No.38888 of 2018 by directing the 3rd respondent Chief Engineer and the 4th respondent District Collector to take necessary steps in furtherance of Ext.R2(a) decision of the District Road Safety council (item No.12), within a period of one month from the date of receipt of a certified copy of that judgment.

5. On 25.09.2019, the petitioner, who is a resident of Uduma Grama Panchayat, filed this review petition along with I.A.No.1 of 2019 seeking leave, by contending that the bus shelter at Uduma Junction, on the western side of the railway gate, falls outside the four-lane limit of KSTP Road. On 17.10.2019, when I.A.No.1 of 2019 came up for consideration, this Court granted leave and Registry was directed to number the review petition and list it for admission on 23.10.2019, along with Cont.Case(C) No.2007 of 2019 filed by the 5th respondent/writ petitioner on 04.10.2019, alleg

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