G.Kumaresan v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.W.(MD)No.109 of 2024 in W.P.(MD)No.12499 of 2020 C.Kumaresan ... Petitioner Vs 1.The General Manager, Canara Bank, Circle Office, East Veli Street, Madurai.

2.The Deputy General Manager, Canara Bank, Human Resources Management Section, Circle Office, East Veli Street, Madurai - 625 001.

3.The Assistant General Manager / Disciplinary Authority, Canara Bank, Human Resources Management Section, Circle Office, Madurai.

4.The Branch Manager, Canara Bank, Vikkiramangalam Branch, Usilampatti Taluk, Madurai District.

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5.Kaliraj ... 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 review the order of this Court in W.P.(MD)No.12499 of 2020 dated 16.06.2023.

For Petitioner : Mr.R.Murugan For Respondents : Mr.N.Dilipkumar

O R D E R

The review petitioner herein had filed W.P.(MD)No.12499 of 2020. It was dismissed on 16.06.2023. Seeking review of the same, the present review application has been filed.

2.The learned standing counsel for the bank points out that questioning the order dated 16.06.2023, the petitioner filed W.A.(MD)No.1801 of 2023 and the said writ appeal was dismissed as withdrawn in the following terms:- "The learned counsel appearing for the appellant, after arguing the matter for a considerable length of time, made a request for 2/4

withdrawal of this Writ Appeal by stating that the appellant will workout his remedy by filing a review petition. 2.In view of the above statement, the appellant is permitted to withdraw this appeal. Accordingly, this Writ Appeal stands dismissed as withdrawn. No costs."

The Hon'ble Division Bench did not grant permission or relief to the petitioner to file this review petition. It is well settled that the review petition will lie only if no appeal has been preferred. In this case, appeal was preferred and it was dismissed as withdrawn. Hence, the review application is dismissed. No costs.

23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN,J.

ias Rev.Apl.W.(MD)No.109 of 2024 in W.P.(MD)No.12499 of 2020 23.08.2024 4/4