Sankaranarayanan. V v. Margrate. S

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.W.(MD)No.60 of 2024 in W.P.(MD)No.3725 of 2024 and W.M.P.(MD)Nos.6682 and 6683 of 2024 V.Sankaranarayanan ... Review Applicant Vs 1.S.Margrate 2.The District Collector, Collectorate, 3.The Thasildar, Manoor Taluk, 4.The Block Development Officer, BDO Office, Manoor Block, 5.The Commissioner, Manoor Panchayat Union, 6.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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7.The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

8.The Inspector of Police, Gangaikondan Police Station, 9.The Inspector of Police, Manoor Police Station, ... Respondents Prayer: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Section 114 of Civil Procedure Code, to set aside the order passed in W.P.(MD)No.3725 of 2024 dated 19.02.2024 by allowing the review application and thereby dismiss the writ petition.

For Petitioner : Mr.VB.Sundhareshwar For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R2 to R5.

Mr.Albert James, Govt. Advocate (Crl. Side) for R6 to R9.

O R D E R

Heard the learned counsel for the review applicant and the learned Special Government Pleader for the respondents 2 to 5 and the learned Government Advocate (Crl. Side) for the respondents 6 to 9. 2/6

2.The review applicant wants this Court to review its order dated 19.02.2024 made in W.P.(MD)No.3725 of 2024. The said order itself is based on the order dated 09.11.2023 passed by the Hon'ble Division Bench in W.P.(MD)No.26981 of 2023. The learned counsel for the review applicant states that Pallikottai Village Panchayat was not heard before I allowed W.P.(MD)No.3725 of 2024. 3.This contention does not have any merits. One Viyagappan filed W.P.(MD)No.26981 of 2023 and Pallikottai Village Panchayat was shown as the eighth respondent in the said writ petition. It was represented by a counsel by name Mr.M.Harish Kumar. Since I had only issued directions for implementing the order passed by the Hon'ble Division Bench, the questioning of reviewing the order passed by me does not arise at all. So long as the order dated 09.11.2023 made in W.P.(MD)No.26981 of 2023 is holding good, I cannot review my earlier order.

4.However, I would direct that the existing status quo ie., the quantum of water receivable by Pallikottai Village Panchayat should not 3/6

in any way be affected by the provision of a new connection for Allavanthankulam Village Panchayat. If the review applicant's interest is adversely affected by the new arrangement, it is always open to the review applicant to move this Court for appropriate relief. 5.With this direction for maintaining the status quo as regards quantum of water received by the Pallikottai Village Panchayat, the review application is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

02.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collectorate, 2.The Thasildar, Manoor Taluk, 3.The Block Development Officer, BDO Office, Manoor Block, 4/6

4.The Commissioner, Manoor Panchayat Union, 5.The Superintendent of Police, Tirunelveli District, Tirunelveli.

6.The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

7.The Inspector of Police, Gangaikondan Police Station, 8.The Inspector of Police, Manoor Police Station, 5/6

G.R.SWAMINATHAN,J.

ias Rev.Apl.W.(MD)No.60 of 2024 in W.P.(MD)No.3725 of 2024 02.04.2024 6/6