'Being a Court of Record, High Court can review its own judgements under article 226 of the constitution': Kerala High Court [READ JUDGMENT]

The Kerala High Court on Friday May 20th 2021 repeated the legal proposition that High Courts as Courts of Record could review their own orders.

A division bench chaired by Justices S Manikumar and Shaji P Chaly were confronted with an appeal against a review petition.

The appellant who was the original writ petitioner had received a judgment in their favour, in a dispute concerning land tax payment.

The respondents then filed a review petition before the single judge, who overturned the judgement. The single judge noted that the appellant had suppressed material facts from the court.

Allowing the review petition, the single judge had stated:

It is clear that these constitutional courts being courts of record, the jurisdiction to recall their own orders is inherent by virtue of the fact that they are superior courts of record. This has been recognised in several of our judgments. The petitioner filed the writ petition under article 226 of the constitution of India. From the materials produced by the review petitioner, I am of the view that writ petitioner, has not approached this court with clean hands. It is seen that material facts verse suppressed in the writ petition and therefore I deem it appropriate to review and recall the judgement.

A single judge has also underscored that there was no need for the High Court to search for another provision apart from article 226 that allowed it to review its own judgement. Pointing to the facts, the court agreed that the material demonstrated that the appellant had suppressed material facts.

Affirming the stance of the single judge the court said:

Discussion of fact made above would make it clear that while rendering the impugned judgement, learned single judge was under the impression that the entire facts and circumstances were pleased by the appellant before the writ court, which only persuaded the learned single judge to direct the respondent to accept the basic tax from the appellant. However, when petition was filed by the respondent in 2014, the learned single judge realised that there was material suppression on the part of the appellant while finding the right petition. It was accordingly, the learned single judge reviewed the judgement dated 12. 10. 2018 holding that the learned single judge had the power to review the judgement resorting to article 226 of the constitution of India apart from other powers since the High Court is a court of record as is adumbrated in article 215 of the Indian constitution which is an all-inclusive power including the power to review a judgement of its own except if circumstances so warrant."

Again, the division bench stated, 

Though various contentions were raised by the appellant to substantiate that there is no power to review the judgement passed in a writ petition, we are unable to accept the same, for the reason that it is well settled proposition in law that being a court of record, the High Court is vested with powers to proceed under article 226 of the constitution of India itself and review a judgement, if it is found that there was material suppression, and the court was not right in granting a verdict in favour of the right petition due to suppression of material facts. The learned single judge has elaborately considered the issues raised by the appellant, by relying on the proposition of law laid down by the Honourable Supreme Court in its various judgement and had arrived at the right conclusion to review the judgement.

While dismissing the appeal, the court also made pertinent remarks on the need for approaching the good without deceit, with clean hands. If litigant failed to come before accord with honesty, he was to be shown the door at the earliest, the judgement vehemently observes.

The judgement states,

The honesty, fairness, purity of mind and approaching the writ court with clean hands should be of the highest order and is a sine qua non to maintain a writ petition and secure orders, failing which the litigant should be shown the exit door at the earliest point of time. Moreover, suppression is a factor quite strange and alien and an antithesis to rule of law and fundamental governance of the country, and the tendency of the litigant to suppress material aspects if not eradicated, the resultant quotient would be lack of faith of the citizens in the legal system and the court of law and if that is allowed to happen, it would ruin the basic tenets of the democratic system and the rule of law prevailing in this country."

On these terms, among others the appeal was dismissed.

Case Title: Pottakalathil Ramakrishnan v. Thahsildar. 

[READ JUDGMENT]