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Madras High CourtREV.APLC(MD)/136/2021dismissed

The Project Director, v. Kamarajammal

2023-11-28Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN REV.APLC(MD).No.136 of 2021 1.Kamarajammal

PRAYER: Review Application is filed under Order 47 Rule 1 and 2 r/w Section 114 of the Code of Civil Procedure, praying to review the order made in W.A.(MD).No.1338 of 2019 dated 29.04.2021. REV.APLC(MD).No.137 of 2021 1.Suyambumarachan PRAYER: Review Application is filed under Order 47 Rule 1 and 2 r/w Section 114 of the Code of Civil Procedure, praying to review the order made in W.A.(MD).No.1339 of 2019 dated 29.04.2021.

REV.APLC(MD).No.138 of 2021 1.Murugan PRAYER: Review Application is filed under Order 47 Rule 1 and 2 r/w Section 114 of the Code of Civil Procedure, praying to review the order made in W.A.(MD).No.1340 of 2019 dated 29.04.2021. For Petitioner : Mr.R.Gowri Shankar for Mr.SU.Srinivasan For R-1 : Mr.M.Ramu For R-2 & R-3 : Mr.S.Kameswaran Government Advocate (In all Review Applications)

COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The common order dated 29.04.2021 passed in W.A.(MD).Nos.1338 to 1340 of 2019 is sought to be reviewed in the present applications.

2. The Writ Appeals were allowed considering the identical facts with reference to the judgment in the case of Gandhimathi Vs. The District Collector and others in W.A.(MD).No.1680 of 2018 dated 24.10.2019. Being the considered issues based on the earlier judgment in Gandhimathi's case, which was confirmed by the Supreme Court, the Division Bench allowed the Writ Appeals.

3. The review petitioner has not established any error apparent warranting interference in respect of the order passed in the Writ Appeals. The grounds raised on merits deserves no adjudication in a Review Application and thus, a Review Application is not an appeal in disguise.

More so, the grounds for appeal cannot be the grounds for Review Application.

4. Accordingly, the Review Applications are dismissed. (S.M.S.,J.) (V.L.N.,J.) 28.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, 2.The Special District Revenue Officer,

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm REV.APLC(MD).Nos.136, 137 and 138 of 2021 28.11.2023