Madras High Court
Unknown vs The Commissioner on 28 March, 2022
Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2022
CORAM :
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
The Anna Nagar People Welfare Sangam,
Tharamani
having registration No.207 of 2014
rep by its Secretary S.Paramanathan
having Trust Office at
No.16A, MGR Street,
Anna Nagar, Tharamani,
Chennai – 600 113 .. Review Applicant
Vs.
1.The Commissioner,
Greater Chennai Corporation,
Ripon Buildings, Chennai – 600 003.
2.The Zonal Engineer, Zone XIII,
Greater Chennai Corporation,
L.B.Road, Adyar, Chennai – 600 020.
3.The Area Manager, Zone XIII,
Office of the Chennai Metropolitan
Water Supply & Sewerage Board,
Indira Nagar, Adyar, Chennai – 600 020.
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Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
4.The Tahsildar,
Velachery Taluk,
Gandhi Road, Seva Nagar,
Velachery, Chennai – 600 042.
5.The Deputy Commissioner of Police,
Adyar Range, Adyar, Chennai – 600 020.
6.The Assistant Commissioner of Police,
Thiruvanmiyur Range,
Thiruvanmiyur, Chennai – 600 041.
7.The Inspector of Police,
J-13, Tharamani P.S.,
Kanagam, Chennai – 600 113.
8.M.Ranjitham
9.Gopalakrishnan .. Respondents
Review Application filed under Order 47 Rule 1 of the Code of
Civil Procedure against the order passed in W.P.No.14950 of 2019 dated
07.08.2019.
For Review Applicant : Mr.R.Balachanderan
For Respondents : Mr.T.Arun Kumar,
Additional Government Pleader
(R1 to R7)
ORDER
(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.)
The Writ Petitioner/Association has filed the Review Application to
review the order dated 07.08.2019 passed in W.P.No.14950 of 2019.
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Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
2.The petitioner filed the Writ Petition to issue a Writ of
Mandamus to direct the respondents 1 to 4 to maintain the schedule
public road as public road without being encroached by the 8 th
respondent and/or by any other persons in future enabling the residents of
Tharamani Village to use the same for their ingress and egress.
3.The Division Bench of this Court, after taking into consideration
the case of both sides and also the judgment and decree passed in the suit
in O.S.No.954 of 1992 and the Second Appeal in S.A.No.1748 of 2018,
dismissed the Writ Petition. While dismissing the Writ Petition, the
Division Bench, took note of the findings giving by the learned Single
Judge in the Second Appeal in S.A.No.1748 of 2018, wherein it has been
stated that the plaintiffs in O.S.No.954 of 1992 failed to establish that the
suit property was a public road. When the learned Single Judge found
that the street in question is not a public street, we cannot interfere with
the judgment and decree passed in the Second Appeal. The judgment and
decree passed in the Second Appeal has become final.
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Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
4.The scope under Order 47 Rule 1 of the Code of Civil Procedure
is limited. Unless there is an error apparent on the face of the record
warranting interference in the judgment, the Review Application cannot
be entertained. In the guise of Review Application, the review applicant
cannot re-argue the matter. The Review Application cannot be treated as
an appeal in disguise. The Review Applicant is not in a position to point
out any error apparent on the face of the record warranting interference.
In these circumstances, the Review Application is devoid of merits and
the same is liable to be dismissed. Accordingly, the Review Application is
dismissed. However, it is open to the review applicant to work out their
remedy in accordance with law. No costs.
Index : Yes/No [M.D., J.] [T.V.T.S., J.]
va 28.03.2022
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Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
va
Review Application (Writ).No.213 of 2019
against W.P.No.14950 of 2019
28.03.2022
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