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2017 Supreme(Online)(KER) 49912

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
THE MANAGER – Appellant
Versus
MANOJ KUMAR V. – Respondent


Advocates:
SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SRI.S.NITHIN (ANCHAL), SRI. GOPINATHAN, SRI.KALEESWARAM RAJ, SRI.SURESH KUMAR KODOTH

O R D E R

This review petition is filed by the uncontested Manager of an aided school on the ground that when factual matters are not brought before this Court, this Court would not have passed a direction to pay damages as well as ordered disqualification of the Manager. It is submitted that this Court exceeded its jurisdiction by enlarging the scope of a private interest litigation by embarking upon the points and reliefs not sought in the writ petition. Relying upon the judgment of the Supreme Court in State of U.P. and another vs. Satya Narain Kapoor (dead) by lrs. and others ( (2004) 8 SCC 630 ), learned counsel for the petitioner, Sri.P.B.Krishnan, argued that without notice to the review petitioner, this Court could not have decided the question relating to granting of damages as well as removal of Manager.

R.P.No.391/2015 2

2. This review is essentially sought to place the factual matters before this Court apart from raising the question regarding the impropriety of this Court in awarding damages as well as in granting relief of disqualification of Manager.

3. The review petitioner, admittedly, was served with notice in the matter. He has not chosen to contest the matter. The

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