Dismissed

T.Balasubramanian v. the Executive Engineer

Madras HC7 Mar 2024REV.APLC(MD)/20/2024

Case brief

AI extract

What is this about?

Review application against dismissal of a writ appeal where the petitioner's second writ petition was held not maintainable after withdrawal of an earlier identical writ petition without reserved liberty. The Bench held correction of that omission lies only with the single Judge who passed the withdrawal order and dismissed the review with liberty to approach that Judge.

What did the court decide?

Liberty reserved to the review applicant to move the learned single Judge who passed the order dated 27.02.2020; Review Application dismissed.

T.Balasubramanian Vs the Executive Engineer — Civil Procedure and Limitation | Madras HC (2024)

¶1

Review Aplc. (MD)No.20 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.03.2024

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

¶5

Review Aplc.(MD) No.20 of 2024

¶6

T.Balasubramanian ...Petitioner

¶7

Vs.

¶8

The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Khajamalai Colony, Trichy - 620 020.

¶9

...Respondent

¶10

Prayer: Review Petition filed under Order XLVII Rule 1 & 2 of C.P.C., seeking to review the order made in W.A.(MD).No.861 of 2023 dated 20.06.2023.

¶11

For Petitioner : Mr.P.Krishnasamy

¶12

O R D E R

¶13

(Order of the Court was made by R.SUBRAMANIAN, J.)

¶14

The Writ Petition filed by the petitioner W.P.(MD)No.14386 of 2020

¶15

was dismissed by Hon'ble. Mr. Justice G.R.Swaminathan on 13.12.2022 and the said order reads as follows:-

¶16

1/4

¶17

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

¶18

Review Aplc. (MD)No.20 of 2024

¶19

"2.The learned Standing Counsel appearing for the respondent pointed out that the petitioner had already filed W.P.(MD)No.14095 of 2018 for the very same relief and the same was dismissed as withdrawn on 27.02.2020. The petitioner did not reserve any liberty at the time of withdrawing the writ petition. In view of the same, the present writ petition is not maintainable. It is dismissed. There shall be no order as to costs."

¶20

2.The said order was challenged in W.A.(MD).No.861 of 2023 and

¶21

we had dismissed the Writ Appeal on the ground that having withdrawn the earlier Writ Petition, the petitioner cannot maintain the second Writ Petition. Our order reads as follows:-

¶22

" The writ petition has been dismissed on the ground that the petitioner had already filed a writ petition with the same prayer and had withdrawn it. The said fact is admitted.

¶23

2.We, therefore, do not see any merit in the appeal and this writ appeal stands dismissed. No costs."

¶24

3.Mr.P.Krishnasamy, learned counsel appearing for the review

¶25

applicant would submit that though he sought for leave, the learned Judge while disposing of W.P.(MD)No.14095 of 2018 on 27.02.2020 had by mistake not granted leave and he wants correction of that mistake. The said

¶26

2/4

¶27

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

¶28

Review Aplc. (MD)No.20 of 2024 correction cannot be done by us. If at all a mistake had occurred and it has to be corrected, it can be done only by the learned single Judge, who passed the order on 27.02.2020. Therefore, reserving liberty of the review applicant to move the learned single Judge who passed the order dated 27.02.2020, this Review Application is dismissed.

¶29

(R.S.M., J.) (L.V.G., J.) 07.03.2024

¶30

kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order Nuetral Citation :Yes/No

¶31

To:-

¶32

The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Khajamalai Colony, Trichy - 620 020.

¶33

3/4

¶34

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

¶35

Review Aplc. (MD)No.20 of 2024

¶36

R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

¶37

KKN

¶38

Review Aplc.(MD) No.20 of 2024

¶39

07.03.2024

¶40

4/4

¶41

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

T.Balasubramanian v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

T.Balasubramanian v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Subramani, Vs The Registrar of Co-Operative Societies

The Chairman Vs Alagulakshmi

The Government of Tamilandu Vs J. Susela

Great Lakes Multi-State Co-Operative Housing Society Limited, Vs G. Manohar

The President, Vs M. Chinnasekkan

The District Collector Vs Shreya .R