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2026 Supreme(Online)(Ker) 17921

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
INDIA EVANGELICAL LUTHERAN CHURCH – Appellant
Versus
JOY P.U. – Respondent
RP NO. 181 OF 2026|WP(C) NO.38967 OF 2025



Important Points

Procedural due process requires that all parties receive proper notice before a judgment is issued.

Subject

Civil - Administrative Law

Headnote

This review petition was initiated to address the oversight in service of notice as associated with the previous judgment in W.P.(C.) No. 38967 of 2025. The Court recognized merit in the appeal that due notice was not served before the judgment was issued, prompting the decision to set aside the previous ruling and reinstate the writ petition accordingly. The key legal questions revolved around procedural due process regarding notice in administrative matters. The Court determined to reverse its earlier decision on the grounds of procedural fairness and the rights of the parties involved in the original proceedings. Therefore, it was ordered that the prior judgment be annulled and the matter restored for further consideration.

Advocates:
For the Appellants/Petitioners: SHRI.KALEESWARAM RAJ, KUM.THULASI K. RAJ, SMT.APARNA NARAYAN MENON, SMT.CHINNU MARIA ANTONY
For the Respondents: SRI.M.P.ASHOK KUMAR, SRI.JAYAKUMAR NAMBOOTHIRI

O R D E R

This review petition is filed to review the judgment dated

29.10.2025 in W.P.(C.) No. 38967/2025. According to the review petitioner, the review petitioner is the 4th respondent in the writ petition. Notice is not served to the petitioner. Before serving notice, impugned judgment is passed. This Court verified the same. I think there is force in the argument of the review petitioner. Therefore, the judgment can be recalled and the writ petition can be restored.

Therefore, the review petition is allowed. The judgment dated 29.10.2025 in W.P.(C.) No 38967/2025 is recalled and the writ petition is restored.

Sd/-

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