Nrsk Pandian v. Parvathi Devi .K

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN NRSK.Pandian ....Petitioner Vs.

1.K.Parvathi Devi 2.The Special District Revenue Officer, Land Acquisition NH-744, Camp Office, Kadayanallur, Tenkasi District.

3.The Special District Officer/Tahsildar Office, Land Acquisition NH-744, Camp Office, Collector Office Campus, Virudhunagar-626 002.

4.B.Subbulakshmi 5.R.Mageswari 6.P.Nataraja Perumal ...Respondents 1/5

PRAYER : Review Petition is filed under Section 114 of Civil Procedure Code r/w. Order 47 Rule 1 C.P.C, to review the order passed in W.P(MD).No.5847 of 2023 dated 17.03.2023.

For Petitioner : Mr.K.Gurunathan For Respondents : Mr.P.Balamurugan for R1 Mr.J.Ashok, Additional Government Pleader for R2 and R3

O R D E R

This Review Petition has been filed by the third respondent in the writ petition.

2. The writ petition came up for hearing before me on 17.03.2023 and on hearing the learned counsel for the petitioner, the following facts were stated:

"2.The petitioner and the respondents 3 to 6 are interlocked with three separate Civil suits in O.S.No.80 of 1989, O.S.No.192 of 1999 and O.S.No.96 of 1992, which are all pending before the District Munsif Court, Sankarankovil. There is also dispute with respect to division of compensation to be paid for acquisition of 2/5

lands. A representation in this regard had been given to the second respondent."

3. It is now represented by the learned counsel for the petitioner/third respondent that the three suits mentioned above are not pending and that they had ended in compromise.

4. This is an error apparent. This necessitates review of the order. It must be stated that the order had been passed on 17.03.2023 based on the representation made by the learned counsel appearing for the petitioner and obviously, proper instructions had not been given to the learned counsel appearing for the petitioner in the writ petition. At any rate, the issues raised in the writ petition will have to be adjudicated once again. Hence, the order dated 17.03.2023 passed in W.P(MD).No.5847 of 2023 is set aside.

5. Accordingly, this Review Petition is allowed. There shall be no order as to costs.

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6. The order dated 17.03.2023, by which the writ petition was disposed of, is set aside and consequent to the present review petition being allowed, the writ petition is restored back to file.

7. List the writ petition for filing counter on 22.06.2023. 25.04.2023 Index: Yes/No Internet: Yes/No ssb To 1.The Special District Revenue Officer, Land Acquisition NH-744, Camp Office, Kadayanallur, Tenkasi District.

2.The Special District Officer/Tahsildar Office, Land Acquisition NH-744, Camp Office, Collector Office Campus, Virudhunagar-626 002.

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C.V. KARTHIKEYAN, J.

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