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Madras High CourtREV.APLW/128/2022dismissed

K.Devaki v. The Revenue Divisional Officer

2022-09-26Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in W.P.No.819 of 2017 K.Devaki Petitioner Vs.

1.

The Revenue Divisional Officer, Tiruppur, 2.

The Thasildar, Tiruppur Taluk, 3.

The Village Administrative Officer, Thonguttpalayam Village, Tiruppur Taluk, Tiruppur District.

...Respondents

Review Application filed under Order 47 Rule 1 r/w Section 114 of C.P.C. to review the order passed in W.P.No.819 of 2017 dated 08.07.2022 passed by this Hon'ble Court.

For Petitioner : Mr.G.Karthikeyan 1/5

For Respondents : Mr.U.Bharanidharan, AGP

O R D E R

The petitioner has filed this Review Application to review the order dated 08.07.2022 passed by this Court in W.P.No.819 of 2017.

2. Learned counsel for the review petitioner submitted that the petitioner had filed a Writ petition in W.P.No.819 of 2017, seeking to quash the order passed by the 1st respondent in Na.Ka.4440/2010/A1 dated 09.11.2016 and for a consequential direction to issue patta in her name and this Court, vide order dated 08.07.2022 dismissed the said Writ petition. Hence, the petitioner has come up with this Review application, solely on the ground that, the alienation is not within a period of 10 years from the date of assignment and it is beyond the period of 10 years from the date of passing of assignment order dated 28.02.1985 of the Land Commissioner.

3. On the above said contentions, heard learned Additional Government Pleader for the respondents.

2/5

4. Review applications can be entertained only on the ground of error apparent on the face of records or clerical error. In the present case, learned counsel for the petitioner raised issue on the factual aspect which cannot be entertained by way of the present Review application and a new ground which has not been canvassed cannot be the basis for filing the review application. Hence, this Court is of the view that, the prayer sought for by the petitioner cannot be acceded to and is liable to be dismissed.

5. The review application is accordingly dismissed. No costs. 26.09.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The Revenue Divisional Officer, Tiruppur, 2.

The Thasildar, Tiruppur Taluk, 3/5

3.

The Village Administrative Officer, Thonguttpalayam Village, Tiruppur Taluk, Tiruppur District.

M.DHANDAPANI, J.

skt in W.P.No.819 of 2017 4/5

26.09.2022 5/5