The Managing Director vs S.Joseph
2023 Latest Caselaw 10866 Mad

                                                                REV.APL.C (MD) No.55 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.08.2023

                                                      CORAM:

                                       THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                       and
                                      THE HONOURABLE MRS.JUSTICE S.SRIMATHY


                                            REV.APL.C (MD) No.55 of 2023
                                                        and
                                            C.M.P.(MD) No.10412 of 2023


                 1.The Managing Director
                   Head Office
                   Tamil Nadu State Transport
                    Corporation (Madurai) Limited
                   Bye Pass Road, Madurai-625 016

                 2.The General Manager
                   Madurai Region
                   Tamilnadu State Transport
                    Corporation (Madurai) Limited
                   Bye Pass Road
                   Madurai-625 016                                              ... Petitioners

                                                        -vs-


                 1.S.Joseph

                 2.S.Natarajan

                 3.P.Arivanandam

                 4.K.Rajasekaran                                                ... Respondents


                 ____________
                 Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                     REV.APL.C (MD) No.55 of 2023


                 PRAYER: Review Application filed under Order XLVII, Rule 1 of the Code of

                 Civil Procedure, against the Judgment dated 16.08.2022 made in W.A.(MD)

                 No.168 of 2019.

                                  For Petitioners   : Mr.S.C.Herold Singh

                                  For Respondents   : Mr.S.Joseph, Party-in-Person for R1



                                                         ORDER

[Order of the Court was made by S.S.SUNDAR, J.]

This review application is filed to review the Judgment, dated

16.08.2022, passed by this Court in W.A.(MD) No.168 of 2019.

2. To be noted, this Court and the Honourable Supreme Court

have repeatedly held that the scope of review is limited to the grounds

available under Order XLVII Rule 1 of the Code of Civil Procedure, 1908.

Review is not an appeal in disguise as settled by the Honourable Supreme

Court in catena of decisions.

3. Review in the present case is on the ground that the Judgment

passed in the writ appeal is erroneous as this Court, while partly allowing the

writ appeal, has not properly appreciated the facts and evidence, which are

____________

https://www.mhc.tn.gov.in/judis REV.APL.C (MD) No.55 of 2023

germane to the case. However, it is not the case of the review applicants that

the Judgment passed in the writ appeal suffers from an error on the face of

the record.

4. This Court is fully convinced that on the face of the record,

there is no error in the Judgment passed in the writ appeal and the review

applicants have not pointed out any other grounds, which would satisfy this

Court to interfere with the Judgment passed in the writ appeal.

5. Hence, this review application is devoid of merits and the same

is dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

                                                             [S.S.S.R., J.]          [S.S.Y., J.]
                                                                        21.08.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis REV.APL.C (MD) No.55 of 2023

S.S.SUNDAR, J.

and S.SRIMATHY, J.

krk

REV.APL.C (MD) No.55 of 2023 and C.M.P.(MD) No.10412 of 2023

21.08.2023

____________

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