Rabi Venkatesan v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI in W.P.No.34281 of 2014 Rabi Venkatesan ... Petitioner Vs.
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Land Acquisition Officer cum Revenue Divisional Officer, Kancheepuram District.
3.The Secretary to Government, Highways Department, Secretariat, Chennai - 9.
4.The Divisional Engineer, Highways, East Coast Road Project, Mamallapuram.
5.The Special Tahsildar (LA), Land Acquisition Unit II East Coast Road Project, Big Melamaiyur, Chengalpattu.
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6.Tamil Nadu Road Development Corporation (TNRDC), Rep. by its Managing Director, No.171, II Floor, Tamil Nadu Maritime Board Building, RA Puram, Chennai.
... Respondents [R3 to R6 are impleaded as per order dated 21.04.2016 by this Court in W.M.P.No.12690 of 2016 in W.P.No.34281 of 2014] Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of C.P.C. to review the final order dated 19.04.2022 passed by this Court in W.P.No.34281 of 2014.
For Petitioner : Mr.G.Krishna Kumar For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R5] *****
ORDER
This Review Application has been filed seeking to review the final order dated 19.04.2022 passed by this Court in W.P.No.34281 of 2014.
2. Learned counsel for the review petitioner submitted that the petitioner had filed a Writ Petition in W.P.No.34281 of 2014, seeking to quash the entire acquisition proceedings of the second respondent leading to the passing of award No.1/1995 dated 16.08.1995 and for a 2/6
consequential direction to the respondents to pass a fresh award under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and this Court, vide order dated 19.04.2022 dismissed the said Writ petition by directing the petitioner to participate in the LAOP proceedings, which is pending before the court below and seek enhanced compensation, in accordance with law. Hence, the petitioner has come up with this Review application.
3. On the above said contentions, heard learned Additional Government Pleader appearing for the respondents 1 to 5 and perused the materials placed before this Court.
4. Review applications can be entertained only on the ground of error apparent on the face of records or clerical error. In the present case, learned counsel for the petitioner raised issue on the factual aspect which cannot be entertained by way of the present Review application and a new ground which has not been canvassed cannot be the basis for filing the review application. Hence, this Court is of the view that, the 3/6
prayer sought for by the petitioner cannot be acceded to and is liable to be dismissed.
5. Accordingly, the review application is dismissed. No costs. 14.06.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No sp 4/6
To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Land Acquisition Officer cum Revenue Divisional Officer, Kancheepuram District.
3.The Secretary to Government, Highways Department, Secretariat, Chennai - 9.
4.The Divisional Engineer, Highways, East Coast Road Project, Mamallapuram.
5.The Special Tahsildar (LA), Land Acquisition Unit II East Coast Road Project, Big Melamaiyur, Chengalpattu.
6.The Managing Director, Tamil Nadu Road Development Corporation (TNRDC), No.171, II Floor, Tamil Nadu Maritime Board Building, RA Puram, Chennai.
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M.DHANDAPANI, J.
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