E.Devi v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE N.MALA REV. APLW.No.198 to 201, 205 & 207 of 2023 and W.M.P.Nos.32375, 32391, 32392, 32394, 32508 & 32953 of 2023 E.Devi

...Petitioner in Rev.Aplw No.198 of 2023

Vellaiyammal

...Petitioner in Rev.Aplw.No.199 of 2023

A.Sellamuthu

...Petitioner in Rev.Aplw.No.200 of 2023

R.Rajesh

...Petitioner in Rev.Aplw.No.201 of 2023

S.Saravanan

...Petitioner in Rev.Aplw.No.205 of 2023

V.Ramesh Kumar

...Petitioner in Rev.Aplw.No.207 of 2023

.Vs.

1. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.

2. The State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai - 15.03.02.2023 1/6

3. The District Collector, Salem District, Salem.

4. The Deputy Director, Department of geology and Mining, Salem.

..Respondents in all the Rev.Appls.

PRAYER in all the Review Applications:- Applications filed to review the orders dated 03.11.2023 passed by this Court in W.P.Nos.31466, 31475 & 31505 of 2023, W.P.No.31601 of 2023, W.P.No.31597 of 2023, W.P.No.31593 of 2023, W.P.No.31475 of 2023 & W.P.No.31505 of 2023 on the file of this Court.

For Petitioners in Rev.Aplw.Nos.198 to 200/2023 : Mr.G.Masilamani, Senior Counsel for Mr.P.S.Prabu For Petitioners in Rev.Aplw.Nos.201, 205 & 207/2023 : Mr.V.P.Senguttuvel, Senior Counsel for Mr.P.S.Prabu For Respondents in allegation the REv.Apls.

: Mrs.Shanmugavallisekar, Standing Counsel for R1 Mr.K.Srinivasamoorthy, Central Govt.Standing Counsel for R2 Mrs.Mythreyeechandru, Special Govt.Pleader for R3 & R4.

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C O M M O N O R D E R (The order of the Court was made by J.Nisha Banu,J.) The above Review Applications are filed seeking to review the orders dated 03.11.2023 made in W.P.Nos.31466, 31475 & 31505 of 2023, W.P.No.31601 of 2023, W.P.No.31597 of 2023, W.P.No.31593 of 2023, W.P.No.31475 of 2023 & W.P.No.31505 of 2023 passed by this Court.

2. A perusal of the affidavit filed in support of the review applications, would go to show that the review applicants assails the findings of this court stating that the orders are vitiated.

3. Learned Senior Counsel mainly pointing out to para No.14 of the order passed by the National Green Tribunal dated 07.12.2022 and Para No.3 of the Official Memorandum dated 03.11.2023 would state that this Court should re-open the findings recorded in the orders 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.

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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 orders passed by this Court dated 03.11.2023. If the petitioners are aggrieved, they 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. Therefore, finding no merits, the present Review applications are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. (J.N.B., J.) (N.M., J.) 15.12.2023 Index: Yes / No vsi Note: Issue order on 18.12.2023 To

1. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.

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2. The State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai - 15.

3. The District Collector, Salem District, Salem.

4. The Deputy Director, Department of geology and Mining, Salem.

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J.NISHA BANU,J.

and N.MALA,J.

vsi REV. APLW.Nos.198 to 201, 205 & 207 of 2023 15.12.2023 6/6