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Madras High CourtWMP/24574/2023dismissed

The Secretary v. S.Dhasinamoorthy

2023-08-28Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI in Rev.Aplw.SR.No.93383 of 2023 The Secretary, O.M.220 Maruthur Primary Agriculture Co-operative Credit Society Limited, Panchanathikulam East Post, Vedharanyam Taluk, Nagapattinam - 614 714.

...Petitioner

Vs.

1.

S.Dhasinamoorthy 2.

The District Collector, District Collector's Office, Nagapattinam District.

3.

The Joint Director of Agriculture, O/o. The Joint Director of Agriculture, Nagapattinam District, Nagapattinam.

4.

The Joint Registrar, O/o. The Joint Registrar Co-operative Societies, Collector's Office Campus, 5.

The Senior Divisional Manager, New India Assurance Company Ltd., 1/5

...Respondents

Prayer in WMP.No.24574 of 2023: Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to condone the delay of 74 days filing the review petition against the order in W.P.No.34727 of 2019 dated 05.04.2023.

Prayer in Rev.Aplw.SR.No:93383 of 2023: Review Application filed under Order 47 Rule 1 of C.P.C. r/w Section 114 of C.P.C. to review the order passed in W.P.No.34727 of 2019 dated 05.04.2023 on the file of this Hon'ble Court and direct the 5th respondent to disperse the insurance to the 1st respondent/petitioner.

For Petitioner : Mr.M.S.Palaniswamy

ORDER

The review petitioner has come up with this Writ Miscellaneous Petition seeking to condone the delay of 74 days in filing the review application in Rev.Aplw.SR.No.93383 of 2023 to review the order of this Court dated 05.04.2023 made in W.P.No.34727 of 2019.

2. However, a perusal of the order of this Court dated 05.04.2023 made in W.P.No.34727 of 2019 makes it clear that, this Court had directed only the Joint Registrar, Nagapattinam / the 3rd respondent therein to implement the order of the Joint Director of Agriculture, Nagapattinam dated 24.07.2019 within a period of six weeks from the date of receipt of a copy the said order, in which the review petitioner herein is not an aggreived party. Further, though 2/5

the petitioner has come up with this Miscellaneous petition seeking to condone the delay in filing the Review application, however, the petitioner has not disclosed any reasons in the affidavit, for the delay in filing the Review application and review applications can be entertained only on the ground of error apparent on the face of records or clerical error.

3. Hence, this Court is of the view that, the prayer sought for by the petitioner in the present Miscellaneous petition cannot be acceded to and the same is liable to be dismissed.

4. In view of the above, this Writ Miscellaneous Petition stands dismissed. Consequently, the Review Application is closed at the SR stage itself. No costs.

28.08.2023 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/5

To:

1.

The District Collector, District Collector's Office, Nagapattinam District.

2.

The Joint Director of Agriculture, O/o. The Joint Director of Agriculture, Nagapattinam District, Nagapattinam.

3.

The Joint Registrar, O/o. The Joint Registrar Co-operative Societies, Collector's Office Campus, 4.

The Senior Divisional Manager, New India Assurance Company Ltd., 4/5

M.DHANDAPANI., J.

skt in Rev.Aplw.SR.No.93383 of 2023 28.08.2023 5/5