L.A.T.Selvaraj v. The Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.12.2023
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE N.MALA in W.P.No.27725 of 2018 L.A.T.Selvaraj
...Petitioner
Vs 1.The Executive Officer, Srimushnam Town Panchayat, Srimushnam 608703 Cuddalore District.
2.The District Collector, Cuddalore District, Cuddalore 607 001.
3.The Assistant Director, Town and Country Planning Department, Villupuram Regional Office TADCO Building, GH Road, Villupuram.
4.S.Rajalakshmi 5.Mrs.Meenakshi
6.The Inspector of Police, Srimushnam Police Station, Srimushnam 608703.
7.Sagunthala
...Respondents
PRAYER:-Review Petition filed under Order XLVII Rule 1 read with Section 114 of C.P.C to review the order dated 17.07.2023 passed in W.P.No.27725 of 2018 of this Court.
For Petitioner : Mr.S.Thirumavalavan
ORDER
[Order of the Court was delivered by J.NISHA BANU, J.,] The above Review Application is filed seeking to review the order dated 17.07.2023 passed in W.P.No.27725 of 2018.
2. The ground raised by the review petitioner is that this Court ought to have directed the 1st respondent to take appropriate action under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, against the illegal construction, however, directed the writ petitioner to
agitate the Civil suit filed by the 7th respondent, which is for partition. Hence, the review petitioner sought to review the order of this Court dated 17.07.2023.
3. A perusal of the affidavit filed in support of the review application, would go to show that the review petitioner sought to re-open the findings recorded in the order under review.
4. It is made clear that power to review under Section 114 read with Order 47 Rule 1 CPC can be exercised for correction of a mistake but not to substitute a view.
5. The review is also not an appeal in disguise. We are of the considered view, there is no error apparent on the face of the record warranting review of the order passed by this Court dated 17.07.2023. If the petitioner is aggrieved, he can file appeal and work out the remedy in the manner known to law. This court in exercise of review jurisdiction, without
sufficient and just reasons, cannot review its own judgment. We find no merit in the review petition and therefore, the present Review application is dismissed at the admission stage itself. No costs. [J.N.B..,J] [N.M., J] 14.12.2023 sk/nvsri Index :Yes/ No Internet :Yes /No To 1.The Executive Officer, Srimushnam Town Panchayat, Srimushnam 608703 Cuddalore District.
2.The District Collector, Cuddalore District, Cuddalore 607 001.
3.The Assistant Director, Town and Country Planning Department, Villupuram Regional Office TADCO Building, GH Road, Villupuram.
J.NISHA BANU,J.
and N.MALA,J.
Sk/nvsri 14.12.2023