STATE OF KERALA Vs. BABU M S

JUDGEMENT

(1.) THIS review petition is filed by the State against my judgment dated 01.07.2010 in WPC No. 20515/2010. That judgment reads as follows:

(2.) I have heard the learned Government Pleader also. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass final orders pursuant to the seizure which resulted in Ext.P3 order as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment". 2. The simple ground on which this review petition is filed is that the petitioner had filed WPC 14570/2010 against the very same order impugned in the writ petition, which was pending at the time of filing this writ petition. In fact, that writ petition was dismissed by Annexure A judgment dated 06.08.2010 ultimately. The petitioner has filed the writ petition without disclosing the fact that he had earlier filed another writ petition against the very same order impugned in this writ petition and stating in the affidavit accompanying the petition that he had not filed petitions earlier, seeking similar and identical reliefs in respect of the same subject matter before this court. The petitioner in the writ petition does not dispute the fact that WPC 14570/2010 was filed by him. Of course, in his counter affidavit, he would contend that in the writ petition he had stated that he had filed other petitions before the authorities and this court. In fact, the guilt of the petitioner is compounded by the same. He deliberately said so to avoid any other action on the ground that he did not disclose the fact of the earlier writ petition without specifically stating that he had filed an earlier writ petition against the very same order impugned in this writ petition. Insofar as the petitioner has abused the process of this court by filing two writ petitions against the very same order, the petitioner is not only not entitled to discriminatory jurisdiction of this court, but he is also liable to be paid very heavy cost. Accordingly, the review petition is allowed. The judgment dated 01.07.2010 is recalled and the writ petition is dismissed. The petitioner in the writ petition shall pay an amount of Rs.25,000/- (Rupees twenty five thousand only) as costs to the State, which shall be recoverable by resort to revenue recovery proceedings.