R.Sivakumar v. The Distirct Of Rural Development And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Review Application No. 204 of 2024 in W.A.No.36 of 2020

1. The Additional Chief Secretary, Commissioner of Revenue, Administration, Chepauk, Chennai 5.

2. The District Collector, Villupuram.

3. The District Collector, Kanchipuram.

4. The District Revenue Officer, Kanchipuram.

Appellant(s) Vs

1. S.Subashini D/o.Selvaraj, 22 Gajana Rama St, Kancheepuram.

2. S. Jayavel, Senior Head Assistant (Deputy Tahsildar) B Section, Collectorate, Kanchipuram. Respondent(s)

PRAYER: The Review Application is filed under Order 47 Rule 1 and 2 r/w Section 114 of C.P.C. to review the order dated 28.09.2021 (amended on 09.02.2023) made in W.A.No.36 of 2020 passed by this Court. For Appellant(s):

Mr. Haja Nazirudeen Additional Advocate General Assisted by Mrs.V.Yamunadevi Special Government Pleader For Respondent(s):

Mr. S. Vijayakumar, Senior Counsel for Mr.K.M. Pandian

ORDER

(Order of the Court was made by J.NISHA BANU J.) The present Review Application has been filed to review the order dated 28.09.2021 (amended on 09.02.2023) made in W.A.No.36 of 2020 passed by this Court.

2. In W.A.No.36 of 2020, the Division Bench of this Court had allowed the Writ Appeal filed by the employee, by setting aside the order dated 04.09.2019 made in W.P.No.16419 of 2019 passed by the learned Single Judge and directed the respondents therein to grant the benefits to the appellant/writ petitioner, by fixing the seniority above S.Jayavel and below Komala, within a period of one month from the date of receipt of a copy of the order.

3. The learned Additional Advocate General appearing for the review petitioners would state that certain facts were not brought to the notice of the Division Bench and therefore, there was an error crept in the judgment. However, this Court is not inclined to accept the said contention for the reason that, if at all the petitioners are aggrieved, it is open to the petitioners to file an appeal before the Hon'ble Apex Court and not by way of review application before this Court. There is no error apparent on the face of the record to review the judgment of the Division Bench. The review Court cannot entertain the arguments touching the merits and demerits of the case and cannot take a different view disturbing the finality of the judgment.

4. In view of the above, the Review Application is dismissed. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 19-08-2025 ASI To 1.S.Subashini D/o.Selvaraj, 22 Gajana Rama St, Kancheepuram.

2.S.Jayavel, Senior Head Assistant, (Deputy Tahsildar), B Section, Collectorate, Kanchipuram.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI Review Application No. 204 of 2024 in W.A.No.36 of 2020 19-08-2025