Babu v. A.Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. Babu

2. Rajapandian.A ..

Petitioners Vs.

1. A.Radhakrishnan

2. The Secretary to Government Revenue Department Secretariat, Chennai 600 009.

3. The Commissioner of Revenue Administration Chepuak, Chennai 600 005.

4. The Commissioner of Land Administration Chepauk, Chennai 600 005.

5. The Collector

6. Sub Divisional Executive Magistrate cum Revenue Officer Sankari, Salem District.

7. The Taluk Executive Magistrate cum Tahsildar Edappadi Taluk, Salem District.

8. Joint Director of Medical and Rural Health Service

9. The Superintendent of Police Nethimedu Salem 636 002.

10.The Chief Medical Officer Government Hospital Edappadi, Salem District.

11.The Commissioner Edappadi Municipality Salem 636 101.

12.The Deputy Director of Town and Country Planning Salem 636 302.

13.Ravi 14.Rasheer 15.Nazeeralli 16.Sahibbhasha 17.Sharafee 18.Nashratbheevi 19.Sherif 20.Minichiammal 21.Gowtham 22.Ravi ..

Respondents Prayer: Petition filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure to review the order dated 07.09.2023 in W.P.No.26085 of 2023.

For the Petitioners : Mr.T.Sai Krishnan For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondents 1 to 7 & 9 to 12

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Sai Krishnan, learned counsel review petitioners and Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 to 7 and 9 to 12.

2. The review petitioner seeks to review the order passed by a Division Bench in W.P.No.26085 of 2023.

3. Learned counsel for the review petitioners submits that the present review petitioners are respondents 22 and 23 in the writ petition. However, without issuing notice to them, the order has been passed. There are two civil Court decrees in favour of the present review petitioners. The same is not considered.

4. Under order dated 07.09.2023 in W.P.No.26085 of 2023, we had recorded the statement made by learned State Government Pleader appearing for respondents 1 to 7 and 9 to 11 and on the basis of the communication issued to the Tahsildar, the writ petition was disposed of. We observed that it is for the Commissioner, Edappadi Municipality to take further action in accordance with law and by following the principles of natural justice.

5. When we had said that principles of natural justice has to be followed, naturally notice will have to be given to all concerned by the Municipality and the stand taken by those persons will have to be considered before proceeding further. We had not decided the matter on merits and all the contentions of the parties were kept open.

6. The review application is disposed of.

(S.V.G., CJ.) (P.D.A., J.) 26.03.2024 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary to Government Revenue Department Secretariat, Chennai 600 009.

2. The Commissioner of Revenue Administration Chepuak, Chennai 600 005.

3. The Commissioner of Land Administration Chepauk, Chennai 600 005.

4. The Collector, Salem 636 001.

5. Sub Divisional Executive Magistrate cum Revenue Officer Sankari, Salem District.

6. The Taluk Executive Magistrate cum Tahsildar Edappadi Taluk, Salem District.

7. Joint Director of Medical and Rural Health Service

8. The Superintendent of Police Nethimedu Salem 636 002.

9. The Chief Medical Officer Government Hospital Edappadi, Salem District.

10.The Commissioner Edappadi Municipality, Salem 636 101.

11.The Deputy Director of Town and Country Planning Salem 636 302.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 26.03.2024