Supreme Court overturns Kerala High Court decision, directs revision petition back to Division Bench

The Supreme Court allowed the appeal, finding that the Full Bench of the Kerala High Court erred in deciding the revision petition on merits after answering the reference from the Division Bench. The Court held that the Full Bench should have remitted the matter back to the Division Bench for decision in accordance with legal principles. The revision petition was revived and directed to be disposed of by the Division Bench promptly. No costs were imposed in the case.

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Issues involved:
The judgment involves the issue of whether the Full Bench of the Kerala High Court should have decided a revision petition on merits after answering a reference made by the Division Bench, contrary to the law laid down by the Supreme Court in previous cases.

Details of the Judgment:

Issue 1: Reference made by Division Bench to Full Bench
The appeal was directed against a judgment and order passed by the Full Bench of the Kerala High Court in response to a reference made by the Division Bench. The Full Bench answered the reference and proceeded to decide the case on merits, which was challenged by the appellant citing previous Supreme Court decisions.

Issue 2: Decision on Merits by Full Bench
The appellant contended that the Full Bench should not have disposed of the revision petition on merits after answering the reference. The appellant argued that the Full Bench should have remitted the matter back to the Division Bench for deciding the revision petition in accordance with the law.

Issue 3: Precedents and Legal Principles
The Supreme Court referred to previous cases, such as Kesho Nath Khurana Vs. Union of India and Kerala State Science & Technology Museum Vs. Rambal Co., where it was held that when a reference is made to a larger Bench, the larger Bench should answer the reference and then remit the case to the appropriate Bench for decision on merits.

Judgment Outcome:
The Supreme Court allowed the appeal to the extent that the Full Bench's decision to dismiss the revision petition on merits was incorrect. The revision petition was revived and directed to be placed before a Division Bench for disposal in accordance with the law. The Division Bench was requested to expedite the hearing of the matter due to its age.

In conclusion, the appeal was allowed, and no costs were imposed.

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