Madras High Court
Mahalingam vs The District Collector on 3 April, 2025
Author: J. Nisha Banu
Bench: J.Nisha Banu, R.Vijayakumar
REV.APLW(MD)Nos.123 and 124 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2025
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
and
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
REV.APLW(MD)Nos.123 and 124 of 2023
Mahalingam ... Petitioner in both cases
-vs-
1.The District Collector,
Collector Office, Ramnad District.
2.The Executive Engineer,
Public Works Department,
Paramakudi, Ramanad District.
3.The Tahsildar,
Thasildar Office, Thiruvadanai, Ramnad District.
4.The Assistant Engineer,
Public Works Department,
Irrigation Division-II, Thiruvadanai, Ramnad District.
5.S.Sugumaran ... Respondents in both cases
Prayer: These Review Applications are filed under Order 47 Rule 1 r/w
Section 114 of CPC to review the order passed by this Court in W.P.
(MD)Nos.16187 and 21832 of 2017, dated 14.12.2022.
1/6
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REV.APLW(MD)Nos.123 and 124 of 2023
For Petitioner : Mr.R.Rajaraman
****
COMMON ORDER
J. NISHA BANU, J.
and
R.VIJAYAKUMAR, J.
These Review Applications have been filed by the Writ Petitioner
to review the order passed by this Court in W.P.(MD)Nos.16187 and
21832 of 2017, dated 14.12.2022.
2.The Review Applicant has filed the above Writ Petitions to
quash the impugned orders passed by the third respondent, dated
03.04.2017 and 25.07.2016 and the order of the fourth respondent, dated
07.06.2017. This Court, by order, dated 08.02.2024, has passed the
following order:
“4.Perusal of the impugned orders shows that the
petitioner has challenged the inter-departmental communication
dated 03.04.2017 between the respondents 3 and 2 and the Form-
III notice issued to the Thiruvadanai Village Panchayat to
remove the encroachment in Survey No.235. However, the
petitioner has not impleaded the Thiruvadanai Village Panchayat
as a party to this writ petition. Even in the earlier order in
W.P(MD)No.14714/2014 dated 22.11.2016, this Court has made
it clear that though the land in Survey No.235 at Thiruvadanai
has been classified as village communal land and vested with the
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REV.APLW(MD)Nos.123 and 124 of 2023
panchayat, at the same time, the irrigation rights of the other
villagers through Anthiur channel which runs through the sub-
divisions of S.No.235 shall not be disturbed by the petitioner
therein. According to the 4th respondent, the kanmois and its
supply channels run through the sub-divisions of S.No.235 are
under the control and maintenance of PWD authorities and
therefore, we are of the view that the impugned orders do not
require interference by us and there is no merit in the writ
petition.
5. Accordingly, W.P(MD)No.16187 of 2017 is dismissed.
No costs. Consequently, connected miscellaneous petitions are
closed.
6. W.P(MD)No.21832/2017 is filed for issuance of a Writ
of Certiorari, calling for the records of the Thasildar of
Thiruvadanai, the 3rd respondent herein, vide
Mu.Mu.A6/20273/2015 dated 25.07.2016 and quash the same as
illegal.
7. The aforesaid impugned order dated 25.07.2016 was
passed pursuant to the direction issued by this Court in
W.P(MD)No. 16959/2015, filed by one V.Subramaniam who
sought to remove the Government Arts College being built in the
water supply channel in Survey No.235 and this Court by order
dated 20.11.2015 in the aforesaid writ petition, has directed the
Tahsildar, Thiruvadanai, to conduct a survey in the aforesaid
property. Pursuant to the said order, the Tahsildar,
Thiruvadanai, has conducted a survey of S.No.235 in the
presence of the petitioner in W.P(MD)No.
16959/2015/V.Subramaniam and it was shown that the said
Government college was not constructed in the water supply
channel in S.No.235, but contending that the shed put up by the
petitioner herein in Mayanam therein, the petitioner in
W.P(MD)No.16959/2015 namely, V.Subramaniam refused to sign
in the surveyor's report. Challenging such order, W.P(MD)No.
21832/2017 is filed.
8. In this writ petition also, the petitioner herein has made
the very same averments in W.P(MD)No.16187/2017 and here
again, the petitioner has not impleaded the Thiruvadanai Village
Panchayat as a party. Perusal of the averments in the affidavit
shows that the petitioner has not raised any grounds for quashing
the aforesaid impugned order. If the petitioner is aggrieved by
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REV.APLW(MD)Nos.123 and 124 of 2023
the impugned order herein, he has to work out his remedy before
the authority concerned.
9. Accordingly, W.P(MD)No.21832 of 2017 is dismissed.
No costs. Consequently, connected miscellaneous petitions are
closed. “
3.A perusal of the affidavit filed in support of the review
application would go to show that the review applicant assails the
findings of this court stating that the judgment is vitiated.
4.The argument of the learned counsel for applicant/review
petitioner is that this Court should re-open the findings recorded in the
judgment under review.
5.It is made clear here that review jurisdiction cannot be used for
that purpose. This is not the scope of Section 114 read with Order 47
Rule 1 CPC. Power of review can be exercised for correction of a
mistake but not to substitute a view.
6.The review is also not an appeal in disguise. In the considered
view of this court, there is no error apparent on the face of the record
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REV.APLW(MD)Nos.123 and 124 of 2023
warranting review of order dated 14.12.2022. If the petitioner is
aggrieved, he can file appeal and work out the remedy in the manner
known to law. This court in exercise of review jurisdiction, without
sufficient and just reasons, cannot review its own judgment. Finding no
merits, the present Review applications are dismissed. No costs.
(J.N.B., J.) (R.V, J.)
03.04.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
cmr
To
1.The District Collector,
Collector Office, Ramnad District.
2.The Executive Engineer,
Public Works Department,
Paramakudi, Ramanad District.
3.The Tahsildar,
Thasildar Office, Thiruvadanai, Ramnad District.
4.The Assistant Engineer,
Public Works Department,
Irrigation Division-II,
Thiruvadanai, Ramnad District.
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REV.APLW(MD)Nos.123 and 124 of 2023
J. NISHA BANU, J.
and
R.VIJAYAKUMAR, J.
cmr
REV.APLW(MD)Nos.123 and 124 of 2023
03.04.2025
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