S.Jeyachandran v. Ayyavu Thevar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR in REV.APLW(MD)SRNo.92434 of 2024 REV.APLW(MD)SRNo.92434 of 2024 S.Jeyachandran ... Petitioner in both cases -vs1.Ayyavu Thevar 2.The District Collector, Madurai District.

3.The Revenue Divisional Officer, Madurai District.

4.The Joint Director, Kallar Reclamation Department, Madurai -20.

5.The Commissioner, Usilampatti Panchayat Union, Usilampatti, Madurai.

6.Saranya Ravi 1/6

7.Sasi @ Perumal 8.Ravi 9.The Head Master, Kallar Elementary School, Poothipuram Village, Usilampatti Taluk, Madurai. ... Respondents in both cases Prayer : This Miscellaneous Petition is filed under Article 226 of the Constitution of India grant leave petition to the review applicant to file this review petition as third part against the order in W.P.(MD)No.13030 of 2023 on the file of this Court.

Prayer: This Review Application is filed under Section 114 and Order 47 Rule 1 CPC to review the order passed by this Court in W.P.(MD)No. 13030 of 2023, dated 27.03.2024.

For Petitioner :Mr.S.Ramsundarvijayaraj For R1 to R4 :Mrs.D.Farjana Ghousia Special Government Pleader ***** 2/6

ORDER

J. NISHA BANU, J, R.VIJAYAKUMAR, J.

This petition has been filed by one Mr.S.Jeyachandran, who is a third party to the Writ Petition in W.P(MD)No.13030 of 2023. 2.In W.P.(MD)No.13030 of 2023, this Court, by order, dated 27.03.2024, has passed the following order:

"8.A reading of the averments in the affidavit reveal as if the School is still functioning in the building in Survey No.50/2 and the Panchayat and the revenue authorities are attempting to demolish the School building. Therefore, it is clear that the petitioner has not approached the Court with clean hands. As rightly contended by the learned Counsel for the respondents, due to some enmity, the present writ petition has been filed and there are no merits whatsoever in the present writ petition. 9.In view of the above said deliberations, the writ petition is dismissed with a cost of Rs.25,000/- to be paid by the writ petitioner to the Legal Service Authority, Madurai Bench of Madras High Court, Madurai within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed." 3.Heard the learned Counsel Counsel on either side and perused the materials placed before this Court.

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4.A reading of the grounds raised in this Petition, it is seen that the petitioner has not whispered anything to substantiate that he is the aggrieved or affected party in the issue on hand. Further, it is seen that the petitioner has not stated anything that behind his back, the Writ Petition has been filed and in his absence, this Court has passed the aforesaid order. Further, in the instant case, the averments made in the supporting affidavit are bereft of sufficient cause for granting permission to the petitioner to file an appeal.

5.In view of the above, this Court is not inclined entertain this Petition. Accordingly, this petition is dismissed. No costs. Consequently, REV.APLW(MD)SRNo.92434 of 2024 is rejected at SR stage itself.

(J.N.B., J.) (R.V., J.) 03.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No cmr 4/6

To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Madurai District.

3.The Joint Director, Kallar Reclamation Department, Madurai -20.

4.The Commissioner, Usilampatti Panchayat Union, Usilampatti, Madurai.

5.The Head Master, Kallar Elementary School, Poothipuram Village, Usilampatti Taluk, Madurai.

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J. NISHA BANU, J.

R.VIJAYAKUMAR , J.

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