G.Bakthavachalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL Review Appln (Writ) No.259 of 2022 G.Bakthavachalam ... Petitioner vs 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Melmalaiyanur Taluk, 3.The Village Administrative Officer, Thenpalai Village, Melmalaiyanur Taluk, 4.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Sathyamangalam, Villupuram District, 1/6

5.The Sub Inspector of Police, D3, Sathyamangalam Police Station, 6.T.P.Arumugam, Throubathai Amman Koil Street, Thenpalai Village, Melmalayanur Taluk, Villupuram District -604 151. respondents PRAYER: Review application filed under Section 47 Sub Section (1) of the Code of Civil Procedure to review the order passed in WP No.7119 of 2021 dated 11.10.2022 and allow the writ petition. For the Petitioner :Mr.K.Balakrishnan For the Respondents :Mr..Ravindran Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader 2/6

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The petitioner has filed this review application to review the order passed in WP No.7119 of 2021 dated 11.10.2022.

2. Learned counsel for the petitioner, by relying upon a report dated 08.02.2020 of the fourth respondent Electricity Department, has stated that the land in question is classified as varappu (bund) and poles can be erected in the agricultural land only with the consent of the land owners. The said report has been addressed to the second respondent Tahsildar. But the writ Court, relying upon the second respondent Tahsildar's status report dated Nil.7.2022, has dismissed the writ petition.

3. In view of the above, we do not wish to entertain this review application, as a review application is maintainable only if there is an error apparent on the face of the record for reviewing the order in the writ petition. We do not find such error or mistake in the order passed in the writ 3/6

petition. Therefore, the review application cannot be entertained and hence, the same is dismissed. If there is any dispute regarding the classification of the land, as alleged by the petitioner, the petitioner is having efficacious remedy by seeking relief before appropriate forum. There will be no order as to costs.

[D.K.K., J.] [P.D.B., J.] 20.11.2023 Index : Yes/No mrn 4/6

To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Melmalaiyanur Taluk, 3.The Village Administrative Officer, Thenpalai Village, Melmalaiyanur Taluk, 4.The Assistant Engineer, Operation and Maintenance, TANGEDCO, Sathyamangalam, Villupuram District, 5.The Sub Inspector of Police, D3, Sathyamangalam Police Station, 5/6

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

(mrn) Review Appln (Writ) No.259 of 2022 20.11.2023 6/6