The Tamil Nadu Housing Board, v. E.Ramachandran,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022 CORAM :
THE HON'BLE MR. JUSTICE T. RAJA AND THE HON'BLE MR. JUSTICE S.SOUNTHAR Review Application Nos.173 to 176 and 178 to 182 and 184 to 188 and 190 to193 and 195 of 2017 and C.M.P.Nos.17868 to 17870 and 17872 to 17876 and 17878 to 17882 and 17884 to 17889 and 17965/2017 Review Application No.173/2017 1.The Tamil Nadu Housing Board, represented by its Chairman & Managing Director, Nandanam, Anna Salai, Chennai - 600 035.
2.The Executive Engineer & Besant Nagar Division, Tamil Nadu Housing Board Unit, Mogappair Division, Chennai-101.
... Review Applicants Vs.
1. E. Ramachandran
2. E.Selvaraj
3. E.Dhinakaran
4. E.Chinnaponnu 1/6
5. E.Anjli
6. E.Vairamani
7. G.Parvathi
8. N.Ramamurthy
9. A.Gowri 10.Master A. Praveen (Minor) rep. by his mother and Natural Guardian A.Gowri 11.M.Thilaga 12.M.Lokanathan 13.M.Dhina 14.M.Vinoth 15.N.Murali @ Raji 16.N.Malligaya 17.N.Amaravathi 18.N.Mohana 19.N.Ramadevi 20.N.Mari 21.G.Govindammal 22.G.Sundarajan 23.G.Vasantha 2/6
24.G.Vijaya 25.G.Vani 26.C.Krishnan 27.The Government of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
28.The Special Tahsildar (LA), State Housing Board Schemes, Nandanam, Anna Salai, Chennai-35.
... Respondents Review Application filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure to review the orders dated 26.02.2016 passed in W.A.No,184/2015.
For Applicants : Dr.R.Gowri for Tamil Nadu Housing Board For R1 to R26 : Mr.G.Sankaran For R27 & R28 : Mr.K.Surendran, AGP.
C O M M O N O R D E R (Order of the Court was made by T.RAJA, J.) These Review Applications have been filed to review the common judgment passed in W.A.Nos.184 of 2015 etc. batch, dated 26.02.2016. 3/6
2. Dr.R.Gowri, learned counsel appearing for the review applicants, fairly submitted that similar type of review application in Rev.Appl.No.194 of 2017, arising out of the common judgment dated 26.02.2016, was taken up by this Court and after finding no merits therein, was dismissed by an order dated 03.02.2022.
3.The relevant portion of the order, dated 03.02.2022, made in Rev.Appl.No.194 of 2017 is extracted below :
"4.On a perusal of the grounds raised in the Review Application, it could be seen that the applicants have not raised any ground pointing out an error apparent on the face of the record. As per the provisions of Order 47 Rule 1 of the Code of Civil Procedure, a Review Application can be entertained only if there is an error apparent on the face of the record. The Review Application cannot be treated as an appeal in disguise. It is also settled position that the review applicants cannot re-argue the appeal. In the case of the review applicants unable to point out any error apparent on the face of the record as per the provisions of Order 47 Rule 1 of the Code of Civil Procedure, the remedy open to the applicants is only to challenge the order passed in the Writ Appeal by way of an appeal before the Hon'ble Supreme Court. None of the grounds raised in the Review Application points out any error apparent on the face of 4/6
the record warranting interference.
5.In these circumstances, the Review Application is liable to be dismissed. Accordingly, the Review Application is dismissed. No costs. Consequently, the connected miscellaneous petition is closed."
4.In view of the above, since this Court has already dismissed the review application arising out of the common judgment dated 26.02.2016, citing the above reasons, we are unable to find any merits in these Review Applications. Therefore, these Review Applications are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (T.R., J.) (S.S., J.) 30.03.2022 tsi Internet : Yes Index : Yes / No Speaking order / Non speaking order 5/6
T. RAJA, J.
and S.SOUNTHAR, J., tsi To 1.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 9.
2.The Special Tahsildar (LA), State Housing Board Schemes, Nandanam, Anna Salai, Chennai-35.
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