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STATE OF KERALA versus K.THANKAMMA

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STATE OF KERALA v. K.THANKAMMA - CRP No. 2634 of 2001(E) [2007] RD-KL 11188 (25 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 2634 of 2001(E)

1. STATE OF KERALA
... Petitioner

Vs

1. K.THANKAMMA
... Respondent

For Petitioner :GOVERNMENT PLEADER

For Respondent :SRI.T.H.ABDUL AZEEZ

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :25/06/2007

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 R

There 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, JUDGE

btt WPC 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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