Sundarasamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2019

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN And THE HONOURABLE MR.JUSTICE P.VELMURUGAN REVIEW APPLICATION No.65 of 2018 in W.A.No.438 of 2017 and C.M.P.No.6427 of 2018 Sundarasamy ... Petitioner Vs.

1.State of Tamil Nadu, Represented by the Secretary, Revenue and Urban Land Department, Fort St.George, Chennai - 600 009.

2.Competent Authority and Assistant Commissioner, Urban Land Ceiling, Coimbatore.

... Respondents Prayer:

Review Application filed under Order XLVII Rule 1 and 2 r/w Section 114 of C.P.C., to review the judgment passed in W.A.No.2257 of 2013, dated 23.01.2018.

For Petitioner : Mrs.P.V.Rajeswari For Respondents : Mrs.A.Srijeyanthi Special Government Pleader

O R D E R

(Judgment of the Court was delivered by K.K.SASIDHARAN,J.) The petitioner has come up with this review petition to review the judgment dated 23 January 2018 in W.P.No.2275 of 2013 on the ground that there is an error apparent on the face of the record, inasmuch as while considering the legality of the proceedings initiated by the competent authority, the release deed dated 28.12.1992 was not taken note by this Court.

2.It is a matter of record that statutory proceedings were initiated by the competent authority even before the execution of release deed. In fact notice under Section 9 (5) of the Act was issued on 22.12.1992. The so called release deed was subsequent to the initiation of the proceedings. Such being the factual position, there is no error apparent on the face of the record, except the fact that document dated 28.12.1992 was categorised as a sale deed. Even such a mistake would not go to the root of the matter for the simple reason that title was passed only by the document dated 28 December, 1992.

3. We do not find any reason to entertain the review application.

4. In the upshot, we dismiss the review application. No costs. [K.K.SASIDHARAN,J.] [P.VELMURUGAN,J.] 28.03.2019 Speaking Order/ Non Speaking Order Index: Yes / No Internet: Yes / No ms/vum To 1.The Secretary, State of Tamil Nadu, Revenue and Urban Land Department, Fort St.George, Chennai - 600 009.

2.The Competent Authority and Assistant Commissioner, Urban Land Ceiling, Coimbatore.

K.K.SASIDHARAN,J.

And P.VELMURUGAN,J.

ms/vum REVIEW APPLICATION No.65 of 2018 in W.A.No.438 of 2017 and C.M.P.No.6427 of 2018 28.03.2019