R.Selvam v. R.Uma Mageswari

2024:MHC:3447

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR against W.P.No.29686 of 2019 1.R.Selvam 2.A.Vairavan ... Applicants Vs.

1.R.Uma Mageswari 2.The District Collector, Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

4.The Thasildar, Pennagaram Taluk, 5.The Executive Officer,

Pennagaram Town Panchayat, Pennagaram, Dharmapuri District.

6.The Inspector of Police, Pennagaram Police Station, ... Respondents Prayer: Review Application filed under Order XLVII, Rule 1 read with Section 114 of Civil Procedure Code, pleased to review the order passed by this Court made in W.P.No.29386 of 2019 dated 18.03.2024. For Applicants : Mr.C.Prakasam For R2 to R4 : Mr.P.Bala Thandayutham Special Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The present review application has been filed seeking review of our order dated 18.03.2024 passed in W.P.No.29686 of 2019.

2. The grievance of the review applicant is that on the date of final hearing of the writ petition on 18.03.2024, the counsel for respondents 6 to 9

was not in a position to appear and place their respective submissions.

3. Mr.C.Prakasam, learned counsel for the review applicant would now submit that the writ petitioner itself is an encroacher of Government property.

4. We have clearly stated in our order that the respondents 1 to 4 in the writ petition are directed to remove all the encroachments in the road poromboke and maintain the public road, free from encroachments. Therefore, it is needless to state that all encroachers in public road are to be removed by following due procedures.

5. Since we do not find any error apparent warranting interference by exercising our review jurisdiction, the present petition deserves no further consideration. Consequently, the Review Application stands dismissed. No costs.

[S.M.S., J.] [K.R.S., J.] 30.08.2024 Jeni Index : Yes

Speaking order / Non-speaking order

To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Dharmapuri District, Dharmapuri.

3.The Thasildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

4.The Executive Officer, Pennagaram Town Panchayat, Pennagaram, Dharmapuri District.

5.The Inspector of Police, Pennagaram Police Station,

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 30.08.2024