A.Pavadaisamy v. The District Collector
2024:MHC:962
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-02-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Review Application (Writ) No.36 of 2024 1.A.Pavadaisamy 2.Kuppammal .. Petitioners -vs1.The District Collector, District Officer, Cuddalore.
2.Tmt.S.Madhumathi, IAS, The Commissioner, Adi Dravidar Welfare Department, Chennai-600 005.
3.The District Revenue Officer, Cuddalore District, Cuddalore.
4.The Tahsildar, Cuddalore Taluk, Cuddalore.
5.The Cuddalore Municipality, Represented by the Municipal Corporation, Cuddalore New Town.
6.Smt.Navaneetha Ammal 7.Smt.Nagarathinam .. Respondents Review Application has been filed under Article 226 of the Constitution of India with Order 47, Rule 1 of the Code of Civil Procedure, against the order passed in WP No.13571 of 2023 dated 17.07.2023. For Petitioner-1 :
Mr.A.Pavadaisamy [Party-in-Person] For Petitioner-2 :
Ms.P.Kuppammal [Party-in-Person] For Respondents-1 to 5 :
Mr.A.Selvendran, Special Government Pleader.
O R D E R
The present Review Application has been instituted to review the order passed in WP No.13571 of 2023 dated 17.07.2023.
2. The grounds raised in the present Review Application would reveal that the petitioners have made an attempt to re-adjudicate the issues on merits. The Review Application is entertainable only if an error apparent on record has been crept in. The petitioners are encroachers.
3. Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents 1 to 5 would submit that the petitioners' family have encroached upon the water body and the portion of the land belongs to Indian Railways.
4. At the outset, the petitioners have encroached upon the water body and the land belongs to Indian Railways. Therefore, this Court passed an order for eviction of the encroachers from water bodies and from the Railway properties.
5. The present Review Application raising these grounds on merits are not entertainable. The scope of Review Application cannot be expanded to re-adjudicate the issues raised in the writ proceedings. Thus,
the present Review Application stands dismissed. However, there shall be no order as to costs.
22-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
To 1.The District Collector, District Officer, Cuddalore.
2.Tmt.S.Madhumathi, IAS, The Commissioner, Adi Dravidar Welfare Department, Chennai-600 005.
3.The District Revenue Officer, Cuddalore District, Cuddalore.
4.The Tahsildar, Cuddalore Taluk, Cuddalore.
5.The Cuddalore Municipality, Represented by the Municipal Corporation, Cuddalore New Town.
S.M.SUBRAMANIAM, J.
Svn Review Application 36 of 2024 22-02-2024