The High Court, As A Court Of Record, Can Review Its Own Decisions Under Article 226 Of The Constitution: The Kerala HC

WHAT WAS THE JUDGEMENT

• The case was regarding an Appeal filed against a Review Petition.
• The Division Bench consisted of Chief Justice S Manikumar and Justice S P Chaly.
• It was held that the High Courts have the authority to review their own judgements.
• Furthermore, the Courts have the jurisdiction to recall their own orders, and such power was granted to them under Article 226 of the Indian Constitution.
• It was also substantiated that approaching the Writ Court with clean hands and purity of mind, without concealment of facts, is sine qua non for filing of a writ petition.

WHAT WAS THE CASE

• The Appellant/Respondent was Pottakalathil Ramakrishnan.
• The Respondent/Review Petitioner was Thasildar, Tirur and Others.
• The dispute was about land tax payment.
• The Single Judge Bench initially decided in favor of the Appellant.
• A Review Petition was filed, which showed suppression of material facts by the Appellants.
• As a result, the Single Judge Bench then overturned his judgement.
• Then, an Appeal against the Review Petition was filed stating that there was no power granted to Courts to review their judgement passed in a Writ Petition.

WHAT DOES ARTICLE 226 SAY

• Article 226 is enshrined in Part V of the Indian Constitution.
• It confers the right upon High Courts to issue orders, directions and writs.
• It empowers the High Court to issue a writ of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition.
• It confers the power of Judicial Review over all High Courts of India.

WHAT ELSE DID THE HIGH COURT SAY

• The Bench emphasised the need to approach Courts without deceit and with clean hands.
• If a litigant came to Court with dishonesty, he was to be shown the door immediately.
• Suppression of material facts is against the Rule of Law and undermines the tenets of democracy.
• Such an action would disturb the public’s faith in the country’s legal system.

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