The State Of Tamil Nadu, v. S.Durairaj,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI in Rev.Aplw.(MD)No.SR 14555 of 2018 1.The State of Tamil Nadu Rep.by its Secretary, Chennai - 600 009 2.The Superintendent, W.R.O. / P.W.D Kothaiyaru Division, Nagercoil, Kanyakumari District.
3.The Executive Engineer, W.R.O. / P.W.D Kothaiyaru Division, Nagercoil, Kanyakumari District.
4.The Junior Engineer W.R.O. / P.W.D Kothaiyaru Division, Mailaudy Kanyakumari District.
.. Petitioners/Petitioners Vs.
1.S.Durairaj 2.The State of Tamil Nadu, Rep.by its Chief Secretary, 1/4
3.The State of Tamil Nadu, Rep.by its Chief Secretary, Revenue Department 4.The Engineer in-Chief, Water Resources Organization, Chepauk, Chennai.
5.The Commissioner, Kanyakumari District, Nagercoil.
6.The District Collector, Kanyakumari District, Nagercoil, 7.The Tahsildar, Agatheeswaram Taluk, Kanyakumari District 8.The Executive Officer, Anjugramam Town Panchayat, Anjugramam Kanyakumari District.
.. Respondents (Respondents 2 to 7 are not necessary Parties. Hence notice maybe given up) PRAYER W.M.P.(MD)No.4182 of 2018: This Petition is filed, praying to condone the delay of 334 days in preferring the above Review application in Review Application SR.No.14555 of 2018. PRAYER Rev.Aplw.(MD)No.SR 14555 of 2018: Review Application is filed Under Order 47 Rule 1 & 2 Civil Procedure Code R/W, under Section 114 of Civil Procedure Code, to review the order dated 24.02.2017 passed in W.P.(MD)No.3270 of 2017, on the file of this Court and allow this review petition.
Prayer in WP(MD). 3270/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents forthwith to maintain Vinayagar Putheri Kulam, comprised in S.No.990, by providing shutter and pond sluice facilities and consequently direct them to desilt the Vinayakar Puthery Kulam forthwith, ensuring enough water gets 2/4
collect and store in all times and pass such further or other suitable orders as this Honourable court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners : Mr.A.K.Baskara Pandian Special Government Pleader
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.A.K.Baskara Pandian, learned Special Government Pleader for the petitioners 2.This application has been filed to condone the delay of 334 days in preferring Review Application No.SR.14555 of 2018, to review the order and direction in W.P.(MD)No.3270 of 2017, dated 24.02.2017.
3. This Review Application has been filed only on the ground that the review petitioners are not the appropriate authority to effect the construction of sluice and the Anjugramam Town Panchayat, Kanyakumari District, the 8th respondent herein, is the appropriate authority.
4. It appears that the writ petitioners have filed a contempt petition stating that the order and direction issued by the writ court has been violated.
5. The learned Special Government Pleader submitted that in the Contempt Petition, the petitioners are stated that appropriate authority would construct the sluice in the Town Panchayat. If such is the situation, the petitioners before us can always seek appropriate direction from the Division Bench by appropriately modifying the direction. Hence, on that ground, we do not find any reason to review the order in the writ petition. That apart, the delay has not been explained properly and the petitioners have not shown sufficient cause for condonation of delay.
6. Hence. This petition is dismissed with above observation. Consequently, the review petition is rejected. No costs. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar MPK 3/4
To 1.The Secretary, State of Tamil Nadu Chennai - 600 009 2.The Chief Secretary, State of Tamil Nadu, 3.The Secretary, The State of Tamil Nadu, Revenue Department 4.The Engineer in-Chief, Water Resources Organization, Chepauk, Chennai.
5.The Commissioner, Kanyakumari District, Nagercoil.
+1 cc to Special Government Pleader, SR.No. 91649 in Rev.Aplw.(MD)No.SR 14555 of 2018 04.10.2019 JM/30.10.2019/4P/7C 4/4