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Madras High CourtREV.APPL/194/2017dismissed

The Tamilnadu Housing Board v. Poovatha

2022-02-03Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Review Application No.194 of 2017 in W.P.No.7766 of 2017 S.Sundaram ..

Review Applicant/Writ Petitioner -vs1. The District Magistrate and the District Collector Tiruppur District

2. The Asst.Collector Tiruppur

3. The Authorised Officer REPCO Home Finance Ltd., No.18, Harini Centre 1st Floor Nehru Street Kaderpet, Tiruppur 641 601

4. REPCO Home Finance Ltd., (A subsidiary of REPCO Bank) Alexander Square No.2 (Old Nos.34 and 35) 3rd Floor, Sardar Patel Road Guindy, Chennai 600 032

5. R.Vellingiri

6. Mrs.V.Malathi

7. M.Murugan (guarantor)

8. Sub Collector Tiruppur ..

Respondents/Respondents

Memorandum of Grounds of Review Application under Order 47, Rule 1 read with Section 114 of the Civil Procedure Code, against the order dated 25.04.2017 made in W.P.No.7766 of 2017.

For Review Applicant ::

Mr.R.Lakshmi Narayanan For Respondents ::

No appearance for R5 & 6 R1 to 3 - Service awaited

ORDER

(Order of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the review applicant/writ petitioner and we have also gone through the order passed by us. There is no ground for reviewing the order passed by us, in view of the latest position of law laid down by the Apex Court as to the existence of tenancy, as a summary procedure has to be followed for evicting the tenant under Section 14. When the writ petitioner has approached this Court, however, the Collector was ousted of the jurisdiction under Section 14. Despite that, the review applicant/writ petitioner being a tenant is seeking for review of the order, without there being any grounds in this regard to review the order. Hence, this review application is dismissed by imposing costs of Rs.2,000/- (Rupees two thousand only) on the review applicant/writ petitioner payable to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras within a period of two weeks from the date of receipt of a copy of this order.

Index : yes/no (H.G.R.,J.) (T.K.R.,J.) 22.09.2017 ss To

1. The District Magistrate and the District Collector Tiruppur District

2. The Asst.Collector Tiruppur

3. The Authorised Officer REPCO Home Finance Ltd., No.18, Harini Centre 1st Floor Nehru Street Kaderpet, Tiruppur 641 601

4. The Authorised Officer REPCO Home Finance Ltd., (A subsidiary of REPCO Bank) Alexander Square No.2 (Old Nos.34 and 35) 3rd Floor, Sardar Patel Road Guindy, Chennai 600 032

5. The Sub Collector Tiruppur

HULUVADI G.RAMESH, J.

AND RMT.TEEKAA RAMAN, J.

ss Review Application No.194 of 2017 in W.P.No.7766 of 2017 22.09.2017