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STATE OF KERALA v. K.THANKAMMA - CRP No. 2634 of 2001(E)  RD-KL 11188 (25 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCRP No. 2634 of 2001(E)
1. STATE OF KERALA
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice PIUS C.KURIAKOSE
O R D E R
PIUS C. KURIAKOSE, J.C.R.P. No. 2634 OF 2001
Dated this the 25th day of June, 2007
O R D E RThere is no resistance to the request of the learned Government Pleader that the impugned order wants reconsideration at the hands of the learned Subordinate Judge in the light of the principles laid down by the Constitution Bench in Sunder v. Union of India [2001 (3) KLT 489] and on the subsequent judgment of the Supreme Court in Gurpreet Singh v. Union of India [(2006) 8 SCC 457]. Accordingly, I set aside the impugned order and direct the execution court to take a fresh decision on the issue after giving due regard to the principles laid down in Sunder's case and the subsequent decision in Gurpreet Singh's case. The Civil Revision Petition is allowed as above. No costs.
PIUS C. KURIAKOSE, JUDGEbtt WPC 2
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