K.Gopinath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Review Application No.104 of 2023 in W.P.No.11438 of 2023 K.Gopinath .. Applicant Vs

1. The District Collector Rajaji Salai, Chennai- 600 001.

2. The Corporation Commissioner Greater Chennai Corporation Office, Rippon Building, Chennai- 600 003.

3. The Commissioner of Police Greater Chennai Police Office, Vepery, Chennai- 600 007.

4. Rabbaniya Arabic College No.59/ 115, Purasawakkam, Barracks Road, Perambur, Chennai-600 011.

.. Respondents Prayer: Review Application filed under Order 47 Rule 1 CPC read with Section 114 of CPC seeking to review the order passed in W.P.No. 11438 of 2023 dated 17.04.2023.

For the Applicant : Mr.M.Arun for M/s.Deepan Uday For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The present review is filed against the order passed by a Coordinate Bench of this court dated 17.4.2023 in W.P.No.11438 of 2023.

2. The writ petition was filed by the present applicant for removal of the construction put up by the fourth respondent.

3. Learned counsel for the applicant submits that Subbaiah Mutt Sivan Temple is situated nearby the place in question and if Arabic College is converted into a mosque, there will be public nuisance.

4. The Division Bench of this court, under the order sought to

be reviewed, has considered the locus of the applicant so also the fact of religious harmony in India.

5. No new grounds are set up in review. The review cannot be entertained as an appeal in disguise. The jurisdiction of this court in review is in a narrow compass and can be exercised only upon an error apparent on the face of the record. There is no error apparent on the face of the record.

In view of the above, the review application is dismissed. There will be no order as to costs. Consequently, W.M.P.No.20626 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 16.11.2023 Index : Yes/No : Yes/No sasi

To:

1. The District Collector Rajaji Salai, Chennai- 600 001.

2. The Corporation Commissioner Greater Chennai Corporation Office, Rippon Building, Chennai- 600 003.

3. The Commissioner of Police Greater Chennai Police Office, Vepery, Chennai- 600 007.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 16.11.2023