N.Karthikeyan, v. Revathi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.02.2018 Coram The Hon'ble Mr.Justice T.S.Sivagnanam and The Hon'ble Mr.Justice P.Velmurugan Review Application (MD).No.8 of 2018 & C.M.P.(MD).No.881 of 2018

1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai- 600 004.

2. The Deputy Inspector General of Police, Madurai Range, Madurai.

3. The Superintendent of Police, Virudhunagar District, Virudhunagar.

...Review Petitioners Vs.

R. Saravanakumar ... Respondent Prayer:

Review Application filed under Order 47 Rules 1 and 2 read with Section 114 of C.P.C. as against the order passed in W.A.(MD) No.1125 of 2014, dated 19.04.2017.

Prayer in WA(MD). 1125/ 2014 :

To present this memorandum of Grounds of Writ Appeal to this Honourable court against the order of His Lordship Mr.Justice S.VAIDYANATHAN dated 17.02.2014 and made in W.P.(MD)No.3332 of 2011 on the file of High Court of Judicature of Madras at Madurai. Prayer in WP(MD). 3332/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 4th Respondent in Na.ka.A1(3)/ 61398/1240/2010 dated 08/01/2011 and quashs the same and consequently direct the Respondentsw no. 3 and 4 to give the compassionate Appointment to the petitioner.

For Review Petitioners : Mr.P.H.Aravind Pandian Additional Advocate General assisted by Mr.J. Pothiraj Special Government Pleader For Respondent : Mr.S. Selvakumar

O R D E R

(Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.P.H.Aravind Pandian, the learned Additional Advocate General, assisted by Mr.J. Pothiraj, the learned Special Government Pleader for the review petitioners and Mr.S. Selvakumar, the learned counsel for the respondent.

2.The petitioners herein seek for reviewing the judgment passed by the Division Bench, in W.A.(MD) No.1125 of 2014, dated 19.04.2017, on the ground that, there is factual error that the writ petitioner's father was not medically invalidated. In this regard, the learned Additional Advocate General has referred to ground No.6 of the Grounds of Review.

3.In our judgment, dated 19.04.2017, passed in the aforesaid Writ Appeal, we confirmed the reasons assigned by the Writ Court, and the contention, now advanced in the Review Application, is being factual contention, which appears to have not been specifically pleaded when the Writ Appeal was heard. Therefore, we are not inclined to review the judgment passed in the Writ Appeal, and while closing the Review Application, we grant liberty to the review petitioners to file a Review Petition before the Hon'ble Single Bench, if so advised. The learned Additional Advocate General expressed an apprehension that, onceagain, there will be a delay in filing the Review Application. This is unavoidable. Taking into consideration the apprehension expressed by the review petitioners, we grant liberty to the review petitioners to plead before the Hon'ble Single Bench about the subsequent development, which had taken place, culminating in the Review Application. 4.With the above observation, this Review Application is closed.No costs.Consequently, connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Kamarajar Salai, Mylapore, Chennai- 600 004.

2. The Deputy Inspector General of Police, Madurai Range, Madurai.

3. The Superintendent of Police, Virudhunagar District, Virudhunagar.

SD MV:GT:SAR3:19/02/2018/3P/4C Review Application (MD).No.8 of 2018 02.02.2018