Tasmac Ltd vs K.Venkataraj
2022 Latest Caselaw 834 Mad

Citation : 2022 Latest Caselaw 834 Mad
Judgement Date : 19 January, 2022

Madras High Court

Tasmac Ltd vs K.Venkataraj on 19 January, 2022

                                                                 C.R.P.(PD).No.2784 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 19.01.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                            C.R.P.(PD).No.2784 of 2021
                                                       and
                                             C.M.P.No.20211 of 2021

                     TASMAC Ltd.,
                     Rep by its District Manager,
                     S/o.Muniappan, aged about 57 years,
                     Nilgiris.                                               .. Petitioner

                                                        Vs.

                     K.Venkataraj                                            .. Respondent


                     PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                     of India, praying to set aside the order dated 20.09.2018 made in M.P.No.1
                     of 2018 on the file of Sub-Court – Cum – Rent Controller Appellate
                     Authority, Udhagamandalam, against the order dated 16.06.2016 made in
                     RCA.No.20 of 2015 by Sub-Court – Cum – Rent Controller Appellate
                     Authority, Udhagamandalam confirming the order dated 30.04.2015 made
                     in RCOP.No.29 of 2012 on the file of Sub-Court – Cum – Rent Controller,
                     Udhagamandalam.


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https://www.mhc.tn.gov.in/judis
                                                                        C.R.P.(PD).No.2784 of 2021

                                        For Petitioner     : Mr.K.Sathish Kumar


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                                                            ORDER

Challenge in this Revision is to the order of the learned Appellate

Authority constituted under the Tamilnadu Buildings (Lease and Rent

Control) Act, 1960 refusing to condone the delay of 455 days in seeking

review of its order.

2. The learned Appellate Authority has dismissed the delay petition

on the ground that the Appellate Authority does not have power of review.

This reasoning of the learned Appellate Authority is in tune with the

judgment of the Division Bench of this Court in Dosky Machado Vs.

Francis Gomes reported in 97 LW 224, wherein, the Division Bench has

observed as follows:-

It is well established that a power of review is not an inherent power and the power to review must be conferred by law either specifically or by necessary implication. The Tamil Nadu

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https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.2784 of 2021

Buildings (Lease and Rent Control) Act nowhere confers a power of review on the Rent Controller. The Rent Controller has no power to review his own order as the Act under which he is functioning does not invest him with a power of review.

3. The above said rule of law would equally apply to the Appellate

Authority under the Act. Hence, I do not see any reason to entertain this

Revision. The Revision therefore fails and it is accordingly dismissed. No

costs. Consequently, the connected miscellaneous petition is closed.

19.01.2022

dsa Index : No Speaking order To

1. The Sub-Court – Cum – Rent Controller Appellate Authority, Udhagamandalam.

2. The Sub-Court – Cum – Rent Controller, Udhagamandalam.

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