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Madras High CourtCRL OP(MD)/8/2020allowed

G. Gopalakrishnan v. The Inspector Of Police

2020-03-13Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Review Application (MD) No.8 of 2020 and W.M.P.(MD) No.2243 of 2020 in W.P.(MD) No.25356 of 2019 K.S.Vijayan .. Applicant -vs1. The District Collector, Tiruchirapalli District, Tiruchirapalli.

2. The Commissioner, Tiruchirapalli City Corporation, Tiruchirapalli.

3. The Asst. Commissioner, Tiruchirapalli Corporation, Ponmalai Division, Ponmalai, Tiruchirapalli.

4. The Executive Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots, Thuvakkudi, Tiruchirapalli-620 015.

5. The Executive Urban Engineer, Tiruchirapalli City Corporation, Tiruchirapalli.

.. Respondents Review Application filed under Order XLVII Rules 1 and 2 read with Section 114 of Code of Civil Procedure to review the order in W.P.(MD) No.25356 of 2019, dated 28.11.2019.

Prayer in WP(MD). 25356/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 2nd respondent to stop the construction of Sewage Pumping Station in Survey No.18/3 and extent of 8400 sq.ft in 1/3

Rajarajeshwari Nagar, Alandur Village, Ponmalai, Ward No.63, Trichy Corporation, area allotted for park and to form the park in the said land and shift the Sewage Pumping Station to some other place by considering petitioner representation dated 26.08.2019. For Applicant :

Mr.A.Haja Mohideen For Respondents :

Mr.N.S.Karthikeyan, 1 and 2 Standing Counsel ******

ORDER

(Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.A.Haja Mohideen, learned counsel for the petitioner and Mr.N.S.Karthikeyan, learned Standing Counsel appearing for the respondents.

2.This Review Application has been filed to review the order and direction passed in W.P.(MD) No.25356 of 2019, dated 28.11.2019. 3.Mr.N.S.Karthikeyan, learned Standing Counsel submits that identical relief was sought for in two other Public Interest Litigation Petitions, which were dismissed by the Division Bench of this Court and two other petitions filed before the National Green Tribunal were also dismissed.

4.The settled legal principle is that a review is not an appeal in disguise. Furthermore, we find no ground made out to review the order and direction passed in W.P.(MD) No.25356 of 2019. 5.Accordingly, the Review Application fails and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) abr 2/3

To

1. The District Collector, Tiruchirapalli District, Tiruchirapalli.

2. The Commissioner, Tiruchirapalli City Corporation, Tiruchirapalli.

3. The Asst. Commissioner, Tiruchirapalli Corporation, Ponmalai Division, Ponmalai, Tiruchirapalli.

4. The Executive Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots, Thuvakkudi, Tiruchirapalli-620 015.

5. The Executive Urban Engineer, Tiruchirapalli City Corporation, Tiruchirapalli.

+1 CC to the SPL GP ( SR-17255[F] dated 17/09/2020 ) 16.09.2020 SCR(CO) CS(29.09.2020) 3P 7C 3/3