This judgment dismisses a review application filed under Order 47 Rule 1 and Section 114 of CPC. The petitioner sought review of an order rejecting a writ petition to continue employment duties. The court held that factual issues and new grounds warrant appeal, not review.
The review application is dismissed; liberty granted to prefer an appeal.
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 No.105 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2023
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Rev.Aplw No.105 of 2021 in
W.P.No.16784 of 2019
G.Vijaya
... Petitioner
Vs.
... Respondents
Prayer: Review Application filed under Order 47 Rule 1 of C.P.C. r/w Section 114 of C.P.C. to review the order passed in W.P.No.16784 of 2019 dated 30.09.2019 passed by this Court.
1/4
Rev.Aplw No.105 of 2021
For Petitioner : Mr.R.Subramanian For Respondents 1 : Mr.E.Veda Bagath Singh and 2 Special Government Pleader For R3 : Mr.R.Nalliyapan For R4 : Mr.N.Premalatha ***** ORDER
The petitioner has filed this Review Application to review the order dated 30.09.2019 passed by this Court in W.P.No.16784 of 2019.
Pleader for the respondents and perused the materials placed before this Court.
2/4
Rev.Aplw No.105 of 2021
error apparent on the face of records or clerical error. In the present case, learned counsel for the petitioner raised issue on the factual aspect which cannot be entertained by way of the present Review application and a new ground which has not been canvassed cannot be the basis for filing the review application. Hence, this Court is of the view that, the prayer sought for by the petitioner cannot be acceded to and is liable to be dismissed. Further, liberty is granted to the petitioner to prefer an appeal before this Court against the order dated 30.09.2019 in W.P.No.16784 of 2019 passed by this Court.
21.03.2023
Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No (rap)
Rev.Aplw No.105 of 2021
M.DHANDAPANI, J.
rap
To
Rev.Aplw No.105 of 2021 in W.P.No.16784 of 2019
21.03.2023
3 issues framed by the court
Whether a review application can be entertained based on a factual issue and a new ground not canvassed during the original trial.
Whether the High Court of Madras will allow the review of an order dismissing a writ petition seeking to continue employment duties.
If a review application is dismissed, whether liberty is granted to file an appeal against the impugned order.
2 provisions across 1 enactments
G.Vijaya
Director of Technical Education, Sardar Patel Road, Guindy, Chennai
The Secretary, Thegarajar Polytechnic College, Suramangalam, Salem
The Principal, Thegarajar Polytechnic College, Sooramangalam, Salem
The Senior Manager, HR, Sona College of Technology, Salem
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
