The State Of Tamilnadu v. Savarimuthu.P

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 01.03.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI in Rev. Apl.W (MD) Nos.SR 5595 of 2024 1.The State of Tamilnadu, represented by its, Secretary to Government Labour and Employment Department Fort St. George, Chennai.

2.The Director of Employment and Training, Alandur Road Guindy, Chennai.

3.The Joint Director (Apprenticeship Training) of Employment and Training, Alandur Road Guindy, Chennai.

4.The Regional Joint Director of Training, Trichy, Trichy District.

... Review Petitioners / Respondents Vs 1.Savarimuthu.P (Junior Assistant cum Store Keeper), St.Xavier's Industrial School, S/o.Palthasar, No.2/30, West Indhira Nagar, Vilar, Thanjavur - 613 006. ... Respondent/Writ Petitioner 1/5

PRAYER in WMP(MD) No.2267/2024:- :- Petition is filed under Section 5 of the Limitation Act to condone the delay of 309 days in filing the above Review Petition against the order, dated 28.02.2023 made in WP.(MD) No.8083 of 2021.

Prayer in Rev. Apl.W(MD) No.SR 5595/2024: Review Application is filed under Order 47 Rule 1 & 2 r/w Section 114 of the Code of Civil Procedure to review the order dated 28.02.2023 in WP(MD) No.8083 of 2021.

For Petitioner : Mr.Veerakathiravan, Additional Advocate General - III, Assisted by Mr.Senthil Ayyanar, Government Advocate.

ORDER

This application has been filed to condone the delay of 309 days in preferring the review application to review the order, dated 28.02.2023 in WP.(MD) No.8083 of 2021.

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2. This Court, vide order dated 28.02.2023 issued a direction to the review petitioners/respondents to implement the order of this Court dated 19.06.2006 in W.P.No.4517 of 2006 and the letter of the Government dated 31.05.2016, within twelve weeks from the date of the receipt of the order, if there are no other legal impediment. In order to review the same, the petitioners are before this Court.

3.Heard the learned counsel for the petitioners.

4. At the outset, it is to be seen that while disposing the writ petitions, this Court gave directions to the review petitioners to implement the orders of this court dated 19.06.2006, if there are no other legal impediment and if there are any impediments and they are aggrieved by the orders of this court, the recourse open to them is to file an appeal and not a review petition. Instead of filing an appeal, the petitioners are before this court with these review petitions. In review proceedings, this Court could review an order only when there is an error apparent on the face of the record or if there are any clerical error. However, in the instant cases, there is no error apparent on the face of 3/5

record and this Court cannot re-adjudicate the issue. If at all the petitioners are aggrieved by the orders of this court, they can agitate the same by filing an appeal. Accordingly, this application to condone the delay is dismissed. Consequently the review petition is rejected at the SR stage itself. No costs.

01.03.2024 Indu 4/5

M.DHANDAPANI. J Indu

ORDER

IN in Rev. Apl.W(MD) Nos.SR 5595 of 2024 Date : 01.03.2024 5/5