Madras High CourtREV.APLC(MD)/55/2023dismissed

The Managing Director, v. S.Joseph,

2023-08-21Honourable Mr Justice S.S. Sundar,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD) No.10412 of 2023 1.The Managing Director Head Office Tamil Nadu State Transport Corporation (Madurai) Limited Bye Pass Road, Madurai-625 016 2.The General Manager Madurai Region Tamilnadu State Transport Corporation (Madurai) Limited Bye Pass Road Madurai-625 016 ... Petitioners -vs1.S.Joseph 2.S.Natarajan 3.P.Arivanandam 4.K.Rajasekaran ... Respondents

PRAYER: Review Application filed under Order XLVII, Rule 1 of the Code of Civil Procedure, against the Judgment dated 16.08.2022 made in W.A.(MD) No.168 of 2019.

For Petitioners :

Mr.S.C.Herold Singh For Respondents :

Mr.S.Joseph, Party-in-Person for R1

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] This review application is filed to review the Judgment, dated 16.08.2022, passed by this Court in W.A.(MD) No.168 of 2019.

2. To be noted, this Court and the Honourable Supreme Court have repeatedly held that the scope of review is limited to the grounds available under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. Review is not an appeal in disguise as settled by the Honourable Supreme Court in catena of decisions.

3. Review in the present case is on the ground that the Judgment passed in the writ appeal is erroneous as this Court, while partly allowing the writ appeal, has not properly appreciated the facts and evidence, which are

germane to the case. However, it is not the case of the review applicants that the Judgment passed in the writ appeal suffers from an error on the face of the record.

4. This Court is fully convinced that on the face of the record, there is no error in the Judgment passed in the writ appeal and the review applicants have not pointed out any other grounds, which would satisfy this Court to interfere with the Judgment passed in the writ appeal.

5. Hence, this review application is devoid of merits and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [S.S.Y., J.] 21.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

S.S.SUNDAR , J.

and S.SRIMATHY , J.

krk and C.M.P.(MD) No.10412 of 2023 21.08.2023