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Madras High CourtREV.APPL/67/2024dismissed

The Special Tahsildar (La) v. Mahaveer Chand Bora

2024-03-28Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice N. Mala4 pages

2026:MHC:141

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN in W.P.No.28421 of 2022 P.Prabhakaran ... Petitioner/Petitioner -vs1. State of Tamil Nadu Rep. by its Principal Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2. State of Tamil Nadu Rep. by its Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.

3. The Tahsildar, Sriperambudur Taluk, Kancheepuram District.

4. The Superintending Engineer, Tamilnadu Road Infrastructure Development Corporation, 4th Floor, LLA Building, 735, Anna Salai, Chennai - 600 002.

5. The Assistant Divisional Engineer, Tamilnadu Road Infrastructure Development Corporation, 4th Floor, LLA Building, 735, Anna Salai, Chennai - 600 002.

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6. The State Industries Promotion Corporation of Tamilnadu (SIPCOT), Rep. by its Managing Director, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

... Respondents/Respondents Prayer: Review Application filed under Order 47 Rule 1 of CPC r/w Section 114 of CPC to review the order dated 27.10.2022 in W.P.No.28421 of 2022 and allow this Review Application. For Applicant : Mr.B.Manoharan For Mr.S.Mannar Samy For R1 to R3 : Mr.A.Selvendran Spl. Govt. Pleader *****

J U D G M E N T

(By S.M.SUBRAMANIAM,J.,) The present Review Application has been filed to review the order of this Court dated 27.10.2022 passed in W.P.No.28421 of 2022.

2. Learned counsel for the Review Applicant, who has appeared in the Review Application by change of vakalath would submit that applicant is the absolute owner of the subject land. Due to some error in the revenue records, the writ petition came to be dismissed and therefore, the order is to be reviewed.

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3. Learned Special Government Pleader appearing for the respondents 1 to 3 would contend that the entire property had been acquired by the Government and allotted to SIPCOT, which is a requisition body. SIPCOT has developed an industrial park and the Review Applicant is causing obstructions. The applicant has not received compensation and the amount is lying in the account of SIPCOT. The applicant is at liberty to receive compensation already awarded in land acquisition proceedings.

4. May that as it be, in any event re-adjudication of merits in a Review Application is impermissible. Disputed facts relating to schedule of property, consideration, sale deed or revenue records cannot be adjudicated either in the writ petition or in the Review Application. Therefore, the present Review Application is not maintainable and the applicant has not established any error apparent on the face of record, warranting interference by this Court.

Consequently, the Review Application is dismissed. No costs. (S.M.S,J.,) (C.K,J.,) 05.01.2026 Index: Yes/No Internet: Yes / No ar 3/4

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

ar To:

1. The Principal Secretary to Government, State of Tamil Nadu Highways and Minor Ports Department, Secretariat, Chennai - 600 009.

2. The Secretary to Government, State of Tamil Nadu Revenue and Disaster Management Department, Secretariat, Chennai - 600 009.

3. The Tahsildar, Sriperambudur Taluk, Kancheepuram District.

4. The Superintending Engineer, Tamilnadu Road Infrastructure Development Corporation, 4th Floor, LLA Building, 735, Anna Salai, Chennai - 600 002.

5. The Assistant Divisional Engineer, Tamilnadu Road Infrastructure Development Corporation, 4th Floor, LLA Building, 735, Anna Salai, Chennai - 600 002.

6. The Managing Director, The State Industries Promotion Corporation of Tamilnadu (SIPCOT), 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

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