A.Syed Mohamad v. The Secretary To Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY Review Application (Writ) No.94 of 2019 A.Syed Mohamad .. Petitioner Vs 1 The Secretary to Government of Tamilnadu Municipal Administration and Water Supply Department St. George Fort Chennai - 600 009.

2 The Director Directorate of Town Panchayats Kuralagam Chennai - 600 108.

3 The Executive Officer Gummidipoondi Town Panchayat Thiruvallur District - 601 201.

4 Subramaniyam .. Respondents PRAYER: Review application under Order 47 Rule 1 read with Section 114 of the Civil Procedure Code to review the order dated 15.2.2019 made in W.P.No.32117 of 2018.

For Petitioner : Mr.A.Syed Mohamad Party in Person

(2) For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 to 3

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above review application to review the order dated 15.2.2019 made in W.P.No.32117 of 2018.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the official respondents to take action against the fourth respondent for the unauthorised construction and for putting up construction in the property belonging to the petitioner's father by encroaching 300 sq.ft. of land.

3. The third respondent filed his counter affidavit in the writ petition stating that the entire land in Survey Nos.559 and 560 is classified as 'Chatram' and belongs to the Revenue Department. It was further stated that the petitioner as well as the fourth respondent cannot claim any ownership of the land under their enjoyment and possession.

(3)

4. Since the petitioner himself is an encroacher in respect of the land in Survey Nos.559 and 560, we have dismissed the writ petition holding that the petitioner has not approached the Court with clean hands.

5. Now, the petitioner has filed the review application to review the said order once again stating that the fourth respondent has put up construction without obtaining planning permission.

6. A review application under Order 47 Rule 1 of the Civil Procedure Code can be entertained only if there is an error apparent on the face of the record. The petitioner is not in a position to point out any error apparent on the face of the record in the order passed by us in W.P.No.32117 of 2018. In the absence of any error, the review application cannot be entertained.

In view of the above, the review application is dismissed. No costs.

(V.K.T., CJ.) (M.D., J.) 24.06.2019 Index :

Yes/No sasi

(4) To:

1 The Secretary to Government of Tamilnadu Municipal Administration and Water Supply Department St. George Fort Chennai - 600 009.

2 The Director Directorate of Town Panchayats Kuralagam Chennai - 600 108.

3 The Executive Officer Gummidipoondi Town Panchayat Thiruvallur District - 601 201.

(5) THE HON'BLE CHIEF JUSTICE AND M.DURAISWAMY,J.

(sasi) Review Application (Writ) No.94 of 2019 24.06.2019