The Controller Of v. S. Swathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Rev. Appln.No.69 of 2018 in W.P.No.4045 of 2014 1.The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director General, Central Industrial Security Forcea, CGO Complex Lodhi Road, New Delhi - 110 003.

3.The Deputy Inspector General, Central Industrial Security Force, South Zone, Rajaji Bhavan, Besant Nagar, Chennai - 600 090.

4.The Senior Commandant, Central Industrial Security Force, 10th Reserve Battalion, Vellore District.

5.The Assistant Commandant, Central Industrial Security Force Unit, ASG Silchar, Kumbhigram Post, Cachar District, Assam - 788 109.

... Petitioners Vs.

Z.Debora Dyana ... Respondent PRAYER: Review Application filed Under Order XLVII Rule 1 R/W Section 114 of Civil Procedure Code praying to review the order dated 06.11.2017, passed in W.P.No.4045 of 2014.

For Petitioners :: Mr.S.Makesh ACGSC For Respondent :: Mr.K.Sivakumar * * * * *

O R D E R

The present Review Application is filed to review the order dated 06.11.2017, passed in W.P.No.4045 of 2014. 2.This Court passed an order in the above writ petition directing the respondent to consider the representation submitted by the writ petitioner on 22.06.2013 and pass order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

3.The learned counsel appearing on behalf of the review petitioner brought to the notice of this Court that the said representation submitted by the writ petitioner on 22.06.2013 had already been disposed of by the competent authorities in order dated 24.02.2014 itself. The said order was received by the writ petitioner on 03.03.2014 and the writ petitioner acknowledged the same. 4.This being the factum of the case, the writ petitioner ought to have brought this fact to the notice of this Court at the time of hearing of the writ petition.

5.The learned counsel appearing on behalf of the respondent in this review petition informed this Court that he had not received any information in respect of the order passed by the authorities on 22.06.2013. Therefore, he could not able to bring it to the notice of this Court at the time of hearing of the writ petition. 6.May that it be, this Court is of an opinion that when the writ petition was pending, the said reply dated 24.02.2014, was issued and served to the writ petitioner. This being the factum of the case, the order passed by this Court on 06.11.2017 in W.P.No.4045 of 2014 is set aside.

7.Accordingly, the review petition stands allowed. However, there shall be no order as to costs.

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26.04.2018 Speaking order Index : Yes Internet: Yes ah

S.M.SUBRAMANIAM, J.

ah Rev. Appln.No.69 of 2018 in W.P.No.4045 of 2014 26.04.2018