Judicial recall of decisions is permissible to rectify counsel errors that could lead to injustice.

JUDGMENT

The aforecaptioned petition has been filed seeking recall and review of the impugned judgment dated 16.12.2016 rendered by this Court in W.P.(C) No.32676/2009.

2. Heard.

3. This Court has rendered the impugned judgment in the above W.P.(C) on 16.02.2016 and para 4 thereof reads as follows:-

“4. During the course of hearing of this matter, Sri.I.V.

Pramod, learned Standing Counsel appearing for the 3rd respondent, has submitted that the 3rd respondent-Grama Panchayath has given up the proposal for acquisition of the petitioner's land and that this Writ Petition may be disposed of recording the above said submission made on behalf of the 3rd respondent-Grama Panchayath. In the light of the said submission, this Court observed that in view of this aspect, the impugned Exts.P-14 and P-15 proceedings are liable to be quashed. The learned standing counsel for the 3rd respondent has no objection in this Court quashing the impugned Exts.P-14 and P-15 proceedings, as the Panchayath has already given up the proposal to acquire the land in the petitioner's family.”

4. Now it is submitted by Sri.I.V.Pramod, learned counsel appearing for the review petitioner/R3 Grama Panchayat in the W.P.(C)

that the submissions made by him as recorded in para 4 of the judgment in the W.P.(C) that the respondent-Grama Panchayat had given up the proposal for the acquisition of petitioner's land and that the W.P.(C) may be disposed of recording the said submission made on behalf of the Panchayat, etc. was on the basis of a mistake committed by him. Further that, as a matter of fact, the stand of the Grama Panchayat to give up the proposal for acquisition of the land was in respect of another party and pertaining to another Panchayat and that the counsel happened to be the same in both the cases and that he had mistaken the instructions in the latter case and that the directions have been given by this Court only on the basis of mistaken submission made by the counsel and inconvenience caused to this Court may be excused and that unless the judgment is recalled and the W.P.(C) is re-heard, serious injustice will have to be suffered by the respondent-Panchayat, etc. It is pointed out that these aspects are mentioned in the R.P. as well as in the memorandum of the review petition as well as in Ground B thereof, etc.

5. Having regard to the abovesaid submission this Court is of the view that the plea for recall of the impugned judgment is justified. True that the mistake may have been committed by the counsel for the Panchayat but the ends of justice would require that the judgment in the W.P.(C) is recalled so that the W.P.(C) is restored to the file to facilitate re-hearing.

6. Accordingly the impugned judgment dated 16.12.2016 rendered by this Court in W.P.(C) No.32676/2009 will stand recalled. Consequently, W.P.(C) No.32676/2019 will stand restored to the file of this Court.

With these observations and directions the above review petition will stand disposed of.