The Court dismissed five review applications challenging a judgment where respondents allegedly destroyed properties after a prior direction for demarcation. Finding no error apparent on the face of the record, the Court held such non-compliance invites contempt, not review.
Review applications dismissed; no costs; related maintain proceedings closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Rev.Aplw.Nos.7 to 11 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
Review Application (Writ) Nos.7 to 11 of 2022
S.Suja .. Petitioner in Rev.Aplw.No.7/2022 S.Thamarai Selvi .. Petitioner in Rev.Aplw.No.8/2022 C.Loganathan .. Petitioner in Rev.Aplw.No.9/2022
M.Lakshmi .. Petitioner in Rev.Aplw.No.10/2022 R.Dhamodharan .. Petitioner in Rev.Aplw.No.11/2022
Vs.
1.The State of Tamil Nadu, rep. by its Secretary to Government, Department of Revenue, Fort St. George, Chennai – 600 009.
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Rev.Aplw.Nos.7 to 11 of 2022
Fort St. George, Chennai – 600 009.
.. Respondents in all review applications
Prayer: Petitions under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure to review the common order dated 06.01.2022 passed in W.P.Nos.20592, 20597, 20598, 20600 and 20602 of 2021.
For the Petitioners
: Mr.C.Umashankar
For the Respondents
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Rev.Aplw.Nos.7 to 11 of 2022
COMMON ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The review applications have been filed against the judgment dated 6.1.2022. A reference to paragraph (5) of the judgment has been given to show that despite a clear direction to the respondents to remove the encroachment only after demarcation of the waterbody, the respondents have demolished the houses of the petitioners without demarcation.
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Rev.Aplw.Nos.7 to 11 of 2022
In view of the above, the review applications are dismissed.
No costs. Consequently, W.M.P.Nos.1565 and 1566 of 2022 are closed.
(M.N.B., ACJ.) (P.D.A., J.)
01.02.2022 Index : Yes/No sasi
To:
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Rev.Aplw.Nos.7 to 11 of 2022
M.N.BHANDARI, ACJ AND P.D.AUDIKESAVALU,J.
(sasi)
Review Application (Writ) Nos.7 to 11 of 2022
01.02.2022
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1 issue framed by the court
Whether failure to comply with a prior direction constitutes an error apparent on the face of the record warranting review jurisdiction.
S.Suja
S.Thamarai Selvi
C.Loganathan
M.Lakshmi
R.Dhamodharan
State of Tamil Nadu
Munishwar Nath Bhandari
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
