Mrs.Srimathi Sampath v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.02.2016

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA Review Application(Writ) No.11 of 2016 Mrs. Srimathi Sampath, W/o. Late B.S.Sampath, Rep. by her Power of Attorney Holder, N.Balasubramanian, Advocate, residing at No.4C, 4th Floor, "Temple Court", 127/2, Bull Temple road, Bangalore - 560 019 .. Petitioner versus The Commissioner, Corporation of Chennai, Chennai - 600 003 .. Respondent Prayer: Petition filed under Order 47 Rule 1 r/w. Section 114 of Criminal Procedure Code to allow the Review Petition by setting aside the impugned order dated 09.07.2015 made in W.P.No.15667 of 2015 by this Court.

For petitioner :

Mr.N.Mariappan For respondent :

Mr.G.Anantharangan

ORDER

This Review Petition has been filed to set aside the order passed by this Court on 09.07.2015 in W.P.No.15667 of 2015.

2. The said Writ Petition was filed by the petitioner to register her date of birth, viz, 07.08.1945 as Srimathi Sampath, D/o.S.Ramasamy and Smt.Kanakam Ramasamy born at No.15/35, Vadapalani Andavar Koil Street, Palaniandavar Koil Street, Vadapalani, Chennai - 600 026.

3. The Writ Petition came to be dismissed by this Court on 09.07.2015 holding that the petitioner, nowhere in the affidavit has mentioned that she was born in a particular place in the State of Tamilnadu and that the petitioner should produce the documentary evidence to prove the place of birth. However, a further direction was issued to the petitioner to approach the concerned Judicial Magistrate for appropriate relief.

4. Even today, the learned counsel appearing for the petitioner has not produced any identity card or any documentary evidence to show that the petitioner was born in a particular place in

Chennai without producing any order showing the place of birth of the petitioner, it is not known how he can file a Review Application. As a matter of fact, Review Application will lie only if there is any error found on the face of the record. This Review Application does not mention anything about the error in the impugned order.

5. Therefore, this Court is not able to find any merits to allow the Review Petition. Hence this petition is liable to be dismissed and is accordingly dismissed. No costs.

16.02.2016 Index :Yes/No mrp To The Commissioner, Corporation of Chennai, Chennai - 600 003

T.RAJA,J.

mrp Review Appl.(Writ) No.11 of 2016 16.02.2016