Madras High CourtREV.APLW(MD)/12/2025allowed

P.Natarajan v. The District Collector

2025-02-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Review Application (Writ)(MD) No.12 of 2025 P.Natarajan ... Petitioner Vs.

1. The District Collector, Kanyakumar District, Nagarcoil.

2. The Block Development Officer (Panchyats) Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District.

3. The President, Methukummal First Grade Panchayat, Munchirai Panchayar Union, Methukummal Post, Kanyakumari District.

4. The Divisional Engineer, Highways Department, Kanyakumar District.

5. The Correspondent, St. Marys Matric High Secondary School, V. Andankanavilai Junction (Managiri) Kaliyakkavilai Post - 629 153, Kanyakumari District.

... Respondents Prayer : Petition filed under Order XLVII Rule-1 r/w Section 114 of Code of

Civil Procedure, to review the order passed in W.P.(MD).No.24964 of 2018 dated 25.11.2024 on the file of this Court.

For Petitioner : Mr.K.Jeyamohan For Respondents For R1 to R4 : Mr.S.Vinodh Government Advocate For R5 : Ms.Mary Sowmy Rexy For M/s. Issac Chambers

ORDER

This petition has been filed to review the order dated 25.11.2024 passed by this Court in W.P.(MD)No.24964 of 2018, thereby dismissed the petition filed by the petitioner.

2. The petitioner filed the above writ petition challenging the order passed by the first respondent dated 18.06.2018, thereby rejecting the request made by the petitioner seeking removal of arch constructed by the fifth respondent school in the entrance of the school. This Court dismissed the above writ petition on the ground that there is civil dispute between the fifth respondent and petitioner, since according to the fifth respondent, the arch has been constructed in front of the school on its own patta land.

3. The learned counsel appearing for the petitioner submitted that the arch has been constructed in the panchayat land, which is maintained as public

road.

4. The learned counsel appearing for the fifth respondent submitted that the arch has been constructed in the panchayat land with due permission.

5. Considering the above submission, since the arch has been constructed in the panchayat land, there is an error in the order passed by this Court. Therefore, the order dated 25.11.2024, passed by this Court cannot be sustained and liable to be reviewed. Accordingly, order dated 25.11.2024 passed by this Court in W.P.(MD)No.24964 of 2018, is hereby recalled. Registry is directed to post the writ petition before the concerned Court for hearing.

6. Accordingly, the Review Application stands allowed. There shall be no order as to cost.

26.02.2025 Index : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To