R.Ettikkan v. The Special Tahsildar (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and WA.No.2708 of 2024

1. R.Ettikkan S/o.Ramasamy, No.1/136-2, Vagurampatti, Vasanthapuram (PO), Namakkal Tk and Dt.

Appellant(s) Vs

1. THE SPECIAL TAHSILDAR (Land acquisition) By-Pass Road, Namakkal 2.The Divisional Engineer National Highway, Salem 3.The Project Director National Highway Authority of India, Salem.

Respondent(s) PRAYER To recall the order of this Court dated 03.03.2025 passed in W.A.No.2708 of

2024 and rehear the said W.A.No.2708 of 2024 by giving due opportunity to the appellant to place his arguments in full relying upon the binding judgements of the Hon'ble Supreme Court and thus render justice. For Appellant(s):

Mr.N.Subramaniyan For Respondent(s):

Mr.A.Selvendran Special Government Pleader For R1 and 2 Mr.Su.Srinivas For R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Civil Miscellaneous Petition has been instituted to recall the order of this Court 03.03.2025 passed in W.A.No.2708 of 2024, mainly on the ground that the judgment produced by the learned counsel for the petitioner has not been considered by this Court. That apart, the other grounds raised by the petitioner was also not considered.

2.

By filing a recall petition, the petitioner cannot attempt to re-argue the matter afresh and such an endeavour deserves no merit consideration. In the event of entertaining such nature of petition, litigations will never come to an end.

3.

This Court, while passing an order formed an opinion and decided the issues. That being so, re-adjudications or re-consideration of the grounds afresh are impermissible. Therefore, this Court is not inclined to entertain the present Petition.

4.

Accordingly, the Civil Miscellaneous Petition is dismissed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 17-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.THE SPECIAL TAHSILDAR (Land acquisition) By-Pass Road, Namakkal 2.The Divisional Engineer National Highway, Salem 3.The Project Director National Highway authority of India, Salem.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 17-04-2025