Madras High Court
C.Narayanan .. Review vs The District Collector on 28 March, 2022
Review Application (Writ).No.147 of 2021
against W.P.No.3261 of 2020
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.147 of 2021
against W.P.No.3261 of 2020
C.Narayanan .. Review Applicant
Vs.
1.The District Collector,
Kallakurichi District,
Kallakurichi.
2.The Commissioner,
Hindu Religious Charitable Endowment
Department,
Nungambakkam, Chennai.
3.The Assistant Commissioner,
Hindu Religious Charitable Endowment
Department,
Villupuram.
4.The Tahsildar,
Ulundurpet Taluk,
Ulundurpet,
Kallakurichi District.
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Review Application (Writ).No.147 of 2021
against W.P.No.3261 of 2020
5.Srinivasan
6.Venkatesan
7.MArimuthu
8.Palani
9.Sahadevan
10.Dhandapani
11.Perumal
12.Muthuswamy
13.Kesavan
14.Kuppayee
15.Thailammal .. Respondents
Review Application filed under Order 47 read with 114 of the Code
of Civil Procedure against the order passed in W.P.No.3261 of 2020
dated 20.07.2021.
For Review Applicant : Mr.N.Naganathan
For Respondents : Mr.T.Arun Kumar,
Additional Government Pleader
(R1 to R4)
ORDER
(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.)
The Writ Petitioner has filed the Review Application to review the
order dated 20.07.2021 passed in W.P.No.3261 of 2020.
2.The petitioner filed the Writ Petition to issue a Writ of
Mandamus to direct the respondents 1 to 4 to take necessary action
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Review Application (Writ).No.147 of 2021
against W.P.No.3261 of 2020
against the encroachers and to remove the encroachment in the temple
land in S.No.351/4 and 351/5 measuring an extent of 10.5 cents,
Pugaipatti Village, Ulundurpet Taluk, Kallakurichi District.
3.The Division Bench of this Court, by order dated 20.07.2021,
disposed of the Writ Petition finding that the 15 th respondent was issued
with patta in respect of S.No.351/8 and also observing that if the 15th
respondent has encroached upon the property other than the extent to
which she has been given patta, she can also be proceeded against.
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
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Review Application (Writ).No.147 of 2021
against W.P.No.3261 of 2020
the same is liable to be dismissed. Accordingly, the Review Application is
dismissed. However, it is open to the review applicant to work out his
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.147 of 2021
against W.P.No.3261 of 2020
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
va
Review Application (Writ).No.147 of 2021
against W.P.No.3261 of 2020
28.03.2022
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