Manikandan v. Udhaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Review Application No.33 of 2024 in WP No.10489/2023 Manikandan : Applicant versus 1.Udaya 2.Santhanamari 3.The Collector, Villupuram District 4.The Superintendent of Police, Villupuram District 5.The Sub Collector, Tindivanam 6.The Tahsildar, Taluk Office, Tindivanam, Villupuram District : Respondents Prayer: Application filed under Order XLVII Rule 1 r/w Section.114 of CPC to review the order in WP No.10489/2023 dated 05.04.2023. For Review Applicant :

Mr.K.Balu For Respondents 3 to 6 :

Mr.A.Edwin Prabakar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Balu, learned counsel for the review applicant and Mr.A.Edwin Prabhakar, learned State Government Pleader, appearing for respondents 3 to 6.

2. The present application is filed seeking to review the order passed by a Coordinate Bench of this Court in WP No.10489 of 2023, dated 05.04.2023.

3. Learned counsel for the review applicant submits that the present review applicant was original respondent No.5 in WP No.10489 of 2023. This Court directed the authorities concerned to conduct a proper survey, and if any encroachment is found, remove the same. Learned counsel submits that survey was conducted and the original writ petitioners - Udaya and Santhanamari were found to have encroached upon the writ land. Learned counsel submits that encroachments made by the original writ petitioners have been removed.

4. In light of the aforesaid facts, there was no cause for the present applicant to file the present review application. The present applicant is not held as an encroacher in the inquiry.

5. According to us, the instant review application is unnecessary. Steps have already been taken to remove the encroachment and the encroachment has been removed, including the encroachments made by the original writ petitioners. In the present review petition, no orders are required to be passed. If the applicant has any other grievance, he may raise the same before appropriate proceedings.

6. The review application is rejected. There shall be no order as to costs. Consequently, WMP No.3219 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No : Yes/No tar To 1.The Collector, Villupuram District 2.The Superintendent of Police, Villupuram District 3.The Sub Collector, Tindivanam

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 4.The Tahsildar, Taluk Office, Tindivanam, Villupuram District Rev. Appl. No.33/2024 in WP No.10489/2023 12.02.2024