S.Muniyammal vs Rakkammal ...1St
2021 Latest Caselaw 17999 Mad

                                                                          Rev.Pet.(MD).No.88 of 2021




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 02.09.2021

                                                     CORAM

                                     THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                            Rev.Aplc.(MD).No.88 of 2021


                     1.S.Muniyammal
                     2.Kumaresan                    ...Review petitioner/Appellants1 and 2

                                                        Vs.

                     1.Rakkammal                    ...1st Respondent/1st Respondent

                     2.The Tahsildar,
                     Thiruchuli Taluk,
                     Virudhunagar District.

                     3.The District Collector,
                     District Collectorate,
                     Virudhunagar District.

                     4.The Superintendent of Police,
                     Superintendent Office,
                     Virudhunagar District.               ...Respondents/Respondent 2 to 4




                     1/5

https://www.mhc.tn.gov.in/judis/
                                                                          Rev.Pet.(MD).No.88 of 2021


                     PRAYER: Review Petition filed under Order 47 Rule 1 and 2 read
                     with Section 114 of the Code of Civil Procedure against the Judgment
                     and Decree passed in S.A.No.(MD).211 of 2019 dated 27.11.2019
                     passed by this Court.


                               For Appellants   :    Mr.S.Suresh Kumar Issac Paul
                               For Respondents :     Mr.S. Parthasarathy for R1


                                                       ORDER

After the delay was condoned both the learned counsels have

submitted their arguments on the Review Application.

2.This Review Application has been filed seeking review of the

Judgment and Decree of this Court dated 27.11.2019 which is a

Judgment passed on the basis of the Joint Memorandum of

Compromise signed by both the parties and filed into Court. The

recording of the Compromise was done in the presence of the parties

who had admitted that they have signed the Compromise Memo on

their own will and volition.

https://www.mhc.tn.gov.in/judis/ Rev.Pet.(MD).No.88 of 2021

3.The Review Application is filed on the ground that the Court

has failed to consider the request of the appellant to endorse a No

Objection by the respondents to the appellant for a compassionate

appointment for the post of the deceased as there is no rival claim in

respect of the said post.

4.The Review Petition does not make out any error apparent on

the face of the Judgment warranting its review. The Judgment in

S.A.No.(MD).211 of 2019 has been passed only on the basis of the

Joint Memorandum of Compromise in which the parties have set out in

detail their terms of Agreement.

In the light of the 1st term of the Memorandum of Compromise

that the appellants and the 1st respondent are hereby agreeing to pass a

Decree declaring that the 1st respondent alone as the legal heir of the

deceased Muneeswaran and agree that the Legalheirship Certificate

Ex.A.5 dated 05.03.2014 is null and void, the present claim of the

https://www.mhc.tn.gov.in/judis/ Rev.Pet.(MD).No.88 of 2021

petitioner is without any basis. The Review Petitioner having

categorically agreed that only the 1st respondent Rakkammal is the legal

representative of the deceased Muneeswaran cannot turn around and

now state that they are entitled to compassionate appointment as legal

representative of the deceased Muneeswaran. The Review Petition is

totally misconceived and is accordingly dismissed. No costs.

02.09.2021

Index : Yes/No Internet : Yes/No mps

To

1.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.

2.The District Collector, District Collectorate, Virudhunagar District.

3.The Superintendent of Police, Superintendent Office, Virudhunagar District.

https://www.mhc.tn.gov.in/judis/ Rev.Pet.(MD).No.88 of 2021

P.T. ASHA, J,

mps

Rev.Aplc.(MD).No.88 of 2021

02.09.2021

https://www.mhc.tn.gov.in/judis/