G.Kamala v. The Govt.Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2019

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Review Application No.315 of 2018 in Writ Appeal No.1245 of 2018 G.Kamala .. Applicant/1stRespondent/ Writ Petitioner -vs1.The Government of Tamil Nadu, Rep., by the Deputy Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.

2.Tamil Nadu State Transportation Rep., by the Managing Director, No.3/137, Salamedu, Valudha Reddy Post, Villupuram-605 602.

3.Tamil Nadu State Transport Rep., by the General Manager, Kancheepuram Regional Office, Karapettai, Bangalore Highway, Kancheepuram-631 552.

.. Respondents/Appellants/ Respondents 1tos 3 4.The Commissioner,, Employees Provident Fund, Regional Office, No.20, Rayapetta High Road, Chennai-600 014.

.. Respondent/2nd Respondent/ 4th Respondent

Review Application filed under Order 47 Rule 1 read with Section 114 of Civil Procedure Code, 1908 to review the judgment dated 06.09.2018 made in W.A.No.1245 of 2018 on the file of this Court.

For Applicant :

Mr.K.Selvaraj For Respondents :

M/s.Rajini Ramadoss, Standing Counsel for Transport Corporation ******

ORDER

(Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.K.Selvaraj, learned counsel appearing for the applicant; and M/s.Rajini Ramadoss, learned Standing Counsel for the respondent-Transport Corporation.

2.We have elaborately heard the learned counsel on either side and given our anxious consideration to the points canvassed before us. At the very out set, we need to point out that the contentions advanced before us by Mr.K.Selvaraj have not been advanced when the writ appeal was heard by the Hon'ble Division Bench. It appears that a different counsel had appeared for the applicant/1st respondent before the Division Bench.

3.We have perused the grounds raised by the applicant and we find that those grounds were never canvassed before the Division Bench and on the grounds which are raised before us, we cannot review the decision of the Hon'ble Division Bench and if done, it would amount to re-writing the judgment of the Hon'ble Division Bench, which is impermissible in exercise of review jurisdiction. 4.Thus, for the above reasons, we find that the applicant has not made out any case for review of the judgment and order passed by the Division Bench.

5.Accordingly, the review application fails and is dismissed. No costs.

(T.S.S., J.) (M.K.K.S., J.) 12.04.2019 To 1.The Deputy Secretary to Government, The Government of Tamil Nadu, Transport Department, Fort St. George, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transportation No.3/137, Salamedu, Valudha Reddy Post, Villupuram-605 602.

T.S.Sivagnanam, J.

and K.Kalyanasundaram, J.

(abr) 3.The General Manager, Tamil Nadu State Transport Kancheepuram Regional Office, Karapettai, Bangalore Highway, Kancheepuram-631 552.

4.The Commissioner,, Employees Provident Fund, Regional Office, No.20, Rayapetta High Road, Chennai-600 014.

Review Application No.315 of 2018 in Writ Appeal No.1245 of 2018 12.04.2019