Saravanapandian.K v. State Through The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN W.M.P(MD)No.3218 of 2024 in Rev.Aplw.(MD)No.SR 9552 of 2024 K.Saravanapandian ... Petitioner / Petitioner Vs 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Emaneswaram Police Station, Paramakudi, Ramanathapuram District.

3.Kasi @ Kasinathan ... Respondents Prayer in W.M.P(MD)No.3218 of 2024 : Writ Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 89 days in filing the W.P(MD)No.23070 of 2022.

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Prayer in Rev.Aplw.(MD)No.SR 9552 of 2024: Review Application filed under Article 226 of Constitution of India read with Section 114 and Order 47 Rule 1 and 2 of Civil Procedure Code to allow the review by deleting the observation in paras 2 of the order dated 11.10.2023 made in W.P.(MD)No.23070 of 2022.

For Petitioner : Mr.C.Susi Kumar For R1 & R2 : Mr.R.Suresh Kumar

ORDER

The grievance of the petitioner is that a wrong observation has been made by this Court in the order dated 11.10.2023, made in W.P. (MD)No.23070 of 2022, to the effect that the petitioner is not a resident of the subject village. That portion of the observation is to be removed.

2. The learned Government Advocate (Crl.side) has also confirmed that the petitioner is the resident of the subject village.

3. In view of the above submission, the particular portion of the observation that 'the petitioner is not a resident of the subject village' is removed.

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4. Another grievance of the petitioner is that the petitioner is the Managing Trustee of the Trust called Kallarai Vaikkal Muniyappa Swamy Thirukovil Development Trust. But in the order, it has been wrongly mentioned that he is not connected with the temple administration.

5. Whether the temple administration is managing the construction now is beyond the scope of this writ petition. But however, the same is substituted with the following observation:

'The petitioner is stated to be the Managing Trustee of the Kallarai Vaikkal Muniyappa Swamy Thirukovil Development Trust.'

6. Eventhough this Writ Miscellaneous Petition is filed to condone the delay of 89 days in filing the Review against the order passed in W.P. (MD)No.23070 of 2022 dated 11.10.2023, this clarification order is enough.

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7. In view of the clarification that has been issued, the Review Petition is not maintainable and the same stands rejected at the SR stage itself. Similarly, W.M.P.(MD)No.3218 of 2024, is disposed of. 24.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Emaneswaram Police Station, Paramakudi, Ramanathapuram District.

3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

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ORDER

IN W.M.P(MD)No.3218 of 2024 in Rev.Aplw.(MD)No.SR 9552 of 2024 24.04.2024 5/5