Madras High CourtREV.APLC(MD)/23/2013dismissed

The Special Tahsildar, v. Pandi Gounder,

2024-02-06Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN in C.R.P(NPD)No.365 of 2013 The Special Tahsildar, Land Acquisition Officer, Adi Dravidar Welfare, Nilakkottai. ... Review Applicant/Petitioner vs.

Pandi Gounder ... Respondent/Respondent PRAYER: Review Application filed under Section 114 of C.P.C., r/w Order 47 Rule 1 of C.P.C., to review the order passed by this Court dated 26.02.2013 made in C.R.P(NPD)No.365 of 2013 and allow the review application.

For Applicant : Mr.AK.Manikkam, Special Government Pleader For Respondent : No Appearance 1/4

O R D E R

This Review Application is filed to review the order of the learned Single Judge, dated 26.02.2013 made in C.R.P(NPD)No.365 of 2013.

2. This Court has perused the order of the learned Single Judge, dated 26.02.2013, wherein the learned Single Judge has elaborately considered the Rule 8 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Rules, 1979 (in short 'the Rules'). Further, by referring to Rule 18 of the Rules and Section 13 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, this Court has held that when an appeal remedy is available, the question of filing a revision petition, does not arise and ultimately dismissed the Civil Revision Petition.

3. The learned Special Government Pleader appearing for the review applicant would submit that the award prescribed by the authority is only Rs.42,794/-. However, the lower Court enhanced the award amount to Rs.2,30,000/-. Therefore, according to the learned Special Government Pleader, the learned Single Judge ought to have seen the award prescribed by the authority and not the order of the lower Court in 2/4

respect of the appeal remedy and therefore, he prayed to review the order passed by the learned Single Judge.

4. It is seen that the learned Single Judge has passed the order on 26.02.2013. Therefore, by efflux of time, much water would have flown and therefore, in the interest of justice, this Court do not want to interfere with the order of this learned Single Judge, dated 26.02.2013. Further, this Court does not find any merit in this review application. Hence, this review application is dismissed. No Costs.

05.02.2024 Index:Yes/No NCC:Yes/No PM To 1.The Special Tahsildar, Land Acquisition Officer, Adi Dravidar Welfare, Nilakkottai.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

C.KUMARAPPAN, J.

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PM Rev.Aplc(MD)No.23 of 2013 05.02.2024 4/4