Madras High Court
The Managing Director vs M. Eswaran on 10 August, 2023
Review Application No. 136 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2023
CORAM
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MRS. JUSTICE R. KALAIMATHI
REVIEW APPLICATION No. 136 of 2023
The Managing Director,
M/s. Arthanari Loom Center
(Textiles) Limited,
S.F. No. 219/2, 216/3, 220/2,
Kodlankadu, No.78, Sababathi St.,
Kalarampatti, Erumapalayam (P.O.),
Salem – 636 015. ..Review Applicant
Vs.
1. M. Eswaran
2. The Director,
Industrial Safety and Health,
Guindy, Chennai – 600 032.
3. The Joint Director (Addl. Full
Incharge),
Industrial Safety and Health,
No27/2A2, Gandh Road,
Near Income Tax Office,
Salem – 636 007.
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Review Application No. 136 of 2023
4. The Chairman,
Tamil Nadu Pollution Control
Board,
No.76, Mount Salai,
Guindy, Chennai – 600 032.
5. The District Envionmental Engineer,
Tamil Nau Pollution Control Board,
No.1/276, Meyyanur Main Road,
Salem – 636 004. ..Respondents
Prayer: Review Petition as against the order dated 26.04.2023 in W.P.
No. 12954 of 2023.
For Petitioner :: Mr.S. Haroon for
M/s. T.S. Gopalan &Co.
For Respondents :: Mr.S. Srinivasan for R1
Mrs.V. Yamunadevi
Special Govt. Pleader for R2 & R3
Ms. Shanmugavalli Sekar for R4 & R5
ORDER
(Made by S. Vaidyanathan,J.)
The above review application has been filed as against the order dated
26.04.2023 passed in W.P. No. 12954 of 2023.
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Review Application No. 136 of 2023
2. When the matter is taken up for hearing, it is represented by the
review applicant that based on the order of this Court dated 26.04.2023 in
W.P. No. 12954 of 2023, the 1st respondent/writ petitioner is unauthorisedly
trying to enter the factory premises of the review applicant along with the
3rd respondent herein.
3. The observation made in the order under review in respect of
affording an opportunity of personal hearing to the complainant/1 st
respondent herein does not mean that he is automatically entitled to enter
the factory premises of the review applicant.
4. Both the review applicant and the 1st respondent/writ petitioner
would submit that a joint inspection may be conducted by the Joint Director
(Addl. Full Incharge),Industrial Safety and Health and the Tamil Nadu
Pollution Control Board. The review applicant would further state that the
officials of Tamil Nadu Pollution Control Board had already inspected the
site, verified the records and had given a clean chit, which is valid till 2027.
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Review Application No. 136 of 2023
5. Though it has been contended by the review applicant that
some other Joint Director may be nominated in the place of the present Joint
Director to conduct inspection, we cannot entertain such a plea in this
review application as it would amount to indirectly reviewing the judgment
on some extraneous ground which is beyond the scope of review. A
Division Bench of this Court in the case of R.Mohala Vs. M.Siva and
others in Review Petition No.61 of 2018 and WMP.No.10818 and 10819
of 2018 decided on 25.04.2018, in which one of us (SVNJ) was a member,
elaborately discussed the scope of review and in Paragraph Nos.7 and 8,
held as follows:
“7.The basic principle to entertain the review under
Order 47 Rule 1 C.P.C. is to correct the errors but not to
substitute a view. The judgment under review cannot be
reversed (or) altered taking away the rights declared and
conferred by the Court under the said judgment; once a
judgment is rendered, the Court becomes functus officio and it
cannot set aside its judgment or the decree; no inherent powers
of review were conferred on the Court; the review Court
cannot look into the trial Court judgment; it can look into its
own judgment for limited purpose to correct any error or
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Review Application No. 136 of 2023
mistake in the judgment pointed out by the review petitioner
without altering or substituting its view in the judgment under
review; the review court cannot entertain the arguments
touching the merits and demerits of the case and cannot take a
different view disturbing the finality of the judgment; the
review cannot be treated as appeal in disguise, as the object
behind review is ultimately to see that there should not be
miscarriage of justice and shall do justice for the sake of
justice only and review on the ground that the judgment is
erroneous cannot be sustained.
8. It is settled law that even an erroneous decision
cannot be a ground for the Court to undertake review, as the
first and foremost requirement of entertaining a review
petition is that the order under review of which is sought,
suffers from any error apparent on the face of the order and in
absence of any such error, finality attached to the
judgment/order cannot be disturbed.”
However, we make it clear that the complainant cannot enter the
company premises without the permission of the review applicant.
6. In view of the foregoing discussions and observations, this
review application stands dismissed. No costs. However, the dismissal of
this application will not stand in the way of the officials considering the
request of the review applicant. Since it was represented that the time
granted by this Court for concluding the enquiry and to arrive at a final
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Review Application No. 136 of 2023
decision had already expired, time is hereby extended for further period of
two months from the date of receipt of a copy of this order.
(S.V.N.J.) (R.K.M.J.)
nv 10.08.2023
(Note to Office: Issue order copy by 28.08.2023)
To
1. The Director,
Industrial Safety and Health,
Guindy, Chennai – 600 032.
2. The Joint Director (Addl. Full
Incharge),
Industrial Safety and Health,
No27/2A2, Gandh Road,
Near Income Tax Office,
Salem – 636 007.
3. The Chairman,
Tamil Nadu Pollution Control
Board,
No.76, Mount Salai,
Guindy, Chennai – 600 032.
4. The District Envionmental Engineer,
Tamil Nau Pollution Control Board,
No.1/276, Meyyanur Main Road,
Salem – 636 004.
S. VAIDYANATHAN,J.
AND
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Review Application No. 136 of 2023
R. KALAIMATHI,J.
nv
Review Application No. 136 of 2023
10.08.2023
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