Madras High CourtWP(MD)/133/2014dismissed

K.Krishnan v. State Of Tamil Nadu

2019-06-18Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Review Application (MD)No.133 of 2014 in CRP(PD)(MD)No.691 of 2005 Dias, rep. by Power Agent Dharmalingam : Petitioner/Petitioner Vs.

1.Titus 2.Elsi Bai : Respondents/Respondents PRAYER: Review Application is filed under Order XLVII Rules 1 and 2 r/w 114 of the Code of Civil Procedure to review the order passed in C.R.P.(PD)(MD)No.691 of 2005, dated 09.07.2007. Prayer in C.R.P.(PD)(MD)No.691 of 2005:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order of the Principal District Munsif Court, Kuzhithurai in I.A.No.270/04 in O.S.No.117/04 dated 19.04.2005. For Petitioner : Mrs.J.Anandhavalli

ORDER

The petitioner has come up with this Review Application seeking to review the order passed by this Court in C.R.P.(PD)(MD) No.691 of 2005, dated 09.07.2007.

2. This Review Application has come up for admission today. I have heard the learned counsel appearing for the petitioner. I do not propose to issue notice to the respondents, in view of the nature of the order that is now passed.

3. The petitioner, in the Review Application, has not expressed any grievance regarding the order passed in issuing a direction for appointment of a fresh Advocate Commissioner. His grievance appears to be that the Commissioner, while measuring the property, may not note down the physical features. This https://hcservices.ecourts.gov.in/hcservices/

apprehension, in my considered view, is baseless, because, while measuring the property and while preparing a report, including a rough sketch, the Commissioner is bound to note down the physical features. The earlier order itself covered the same. Therefore, on that score, the order need not be reviewed.

4. The learned counsel for the petitioner would submit that there is no Taluk Surveyor available to assist the Commissioner to conduct survey. If it is so, it is always open for the Tahsildar to nominate a Qualified Surveyor for the said purpose. Thus, there is no ground to review the earlier order passed.

5. The Review Application is dismissed with the above observations.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To The Principal District Munsif, Kuzhithurai.

+1 cc to M/s.J.Anandhavalli, Advocate in SR.No. 68286 SML CSL/SK/16.12.2016: 2P/3C Order made in Review Application (MD)No.133 of 2014 Dated:14.11.2016 https://hcservices.ecourts.gov.in/hcservices/