Dismissed

The Government of Tamilandu v. J. Susela

Madras HC27 Sept 2023REV.APLC(MD)/61/2023

Case brief

AI extract

What is this about?

The court dismissed a review application filed under the Civil Procedure Code, holding that there is no reason to entertain it because the ground regarding conflicting legal opinions was not raised earlier during the condonation of delay proceedings.

What did the court decide?

The Review Petition was dismissed with no order as to costs, and the connected miscellaneous petition was closed.

The Government of Tamilandu Vs J. Susela — Constitutional and Fundamental Rights | Madras HC (2023)

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Rev. Aplc (MD) No.61 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.09.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN

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AND

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THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI

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Review Application (MD) No.61 of 2023 and CMP (MD) No.11627 of 2023

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The Government of Tamil Nadu, Rep. by Secretary to the Government, Forest and Environment Department,

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Fort St. George, Chennai 600 009.

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The Principal Chief Conservator of Forests, Pangal Building, Saidapet, Chennai 600 015.

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The Divisional Forest Officer, District Forest Office, Race Course Road, Madurai.

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... Review Applicants/Petitioners

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vs.

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J.Susela

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The Principal Accountant General of Tamil Nadu, Teynampet, Chennai 600 018. ... Respondents/Respondents

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https://www.mhc.tn.gov.in/judis

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1/4

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Rev. Aplc (MD) No.61 of 2023

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Prayer

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Prayer : Review Application has been filed under Order XLVII Rule 1 & 2 r/w Section 114 of the Civil Procedure Code, against the order dated 16.06.2023 passed in CMP (MD) No.4278 of 2023 in WA (MD). SR No. 20561 of 2023 on the file of this High Court.

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For Applicants : Mr.K.Selvaganesan Additional Govt. Pleader

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J U D G M E N T

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(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

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Review is sought for on the ground that the Additional Advocate

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General at the request of the District Forest Officer gave an opinion that the case is fit for Appeal on 18.11.2019, whereas originally the Special Government Pleader had given an opinion that the case is not fit for Appeal on 31.07.2018. This ground was not projected when the affidavit was filed in the Application for condonation of delay in the year 2023.

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2 . Therefore, we do not see any reason to entertain this Review Petition, if different Advocates for the Government give different opinion, it is for the Government to decide whether to retain them or change them. In the light of the above, the Review Petition is dismissed. There shall be no

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2/4

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https://www.mhc.tn.gov.in/judis

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Rev. Aplc (MD) No.61 of 2023

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order as to costs. Consequently, the connected miscellaneous petition is

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closed.

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(R.SUBRAMANIAN, J.) (L.VICTORIA GOWRI, J.) 27.09.2023

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Index: Yes/No Internet: Yes/No speaking order/non speaking order

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The Secretary to the Government, Government of Tamil Nadu, Forest and Environment Department, Fort St. George, Chennai 600 009.

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The Principal Chief Conservator of Forests, Pangal Building, Saidapet, Chennai 600 015.

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The Divisional Forest Officer, District Forest Office, Race Course Road, Madurai.

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3/4

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https://www.mhc.tn.gov.in/judis

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Rev. Aplc (MD) No.61 of 2023

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R.SUBRAMANIAN, J.

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and L.VICTORIA GOWRI, J.

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(jv)

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Review Application (MD) No.61 of 2023 and CMP (MD) No.11627 of 2023

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27.09.2023

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https://www.mhc.tn.gov.in/judis

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The Government of Tamilandu v. J. Susela

Case brief

What is this about?

What did the court decide?

The Government of Tamilandu v. J. Susela

Case brief

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