Review application challenging a prior order's finding that two properties north of T.S.No.3/2 belong to a temple. The court held the petitioner was not aggrieved and could not reagitate issues already decided, found no ground for review, and dismissed the application with no order on costs.
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Review Application Writ (MD) No.56 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
Review Application Writ (MD) No.56 of 2024 and W.M.P.(MD) No.6167 of 2024
Elephant G.Rajendran
... Petitioner
Vs.
1.The Commissioner, HR & CE, Nungambakkam, Chennai – 34.
2.The Executive Officer, A/M.Santhanagopala Krishnaswamy Koil, C/o.A/M.Kasiviswanatha Swamy Temple, Kumbakonam.
3.The District Collector, Thanjavur District, Thanjavur.
4.The Commissioner, Kumbakonam Municipality, Kumbakonam.
5.The Tahsildar, Revenue Department, Kumbakonam.
6.The Deputy Superintendent of Police, Kumbakonam.
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Review Application Writ (MD) No.56 of 2024
7.M.Paneerselvam.
8.M.Kannan,
9.V.Senthil Kumaran
10.N.Balakrishnan
11.S.Sethuraman
12.V.Rajendran
13.A.Nagappan
14.V.Muthukumaran ... Respondents
(R7 to R14 impleaded vide court order dated 31.08.2023 in W.M.P.(MD) No.19781 of 2022)
Prayer :- Review Application filed under Order XLVII Rule 1 & 2 read with Section 114 of C.P.C., praying to review the order dated 07.11.2023 made in W.P.(MD) Nos.12492, 24493, 24494 & 24907 of 2022 and W.M.P.(MD) Nos.18569, 18570 & 19007 of 2022 and W.A.(MD) No.771 of 2015 and M.P.(MD) No.2 of 2015 and Cont.P.(MD) No.879 & 882 of 2023.
For Petitioner : Mr. Elephant G.Rajendran (Party in person)
O R D E R
(Order of the Court was delivered by V.LAKSHMINARAYANAN, J.)
The review application has been instituted to review the order dated
07.11.2023, passed in W.P.(MD) Nos.12492, 24493, 24494 & 24907 of
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Review Application Writ (MD) No.56 of 2024
2022 and W.M.P.(MD) Nos.18569, 18570 & 19007 of 2022 and W.A.
(MD) No.771 of 2015 and M.P.(MD) No.2 of 2015 and Cont.P.(MD) Nos. 879 & 882 of 2023.
2 .Mr.Elephant G.Rajendran, party in person, represents that his
counsel Mr.R.Mohamed Riyaz is presently held up in Kodaikanal. Therefore, he seeks permission of this Bench to argue the matter as party in person. We granted the said permission.
3.According to Mr.G.Rajendran, the finding returned by us in paragraph No.18 that the two properties in the northern side of T.S.No.3/2 belongs to the temple is erroneous. He states the properties do not belong to the temple, but belongs to the Public Works Department. It is for the persons, who would be affected by our order, if at all, to move a review. The petitioner is not entitled to reagitate the issues that had already been agitated by him before us when we heard the batch of matters and passed the order on 07.11.2023.
4.No ground for review has been made out. Therefore, the review application is dismissed. If there still exists any grievances regarding the
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Review Application Writ (MD) No.56 of 2024
encroachment, it is always open to the petitioner to approach the
concerned authority in the manner known to law. However, there shall be no order as to costs. Consequently, connected miscellaneous petition also
stands dismissed.
(S.M.S.,J.) (V.L.N.,J.) 14.06.2024
sli Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No
To 1.The Commissioner, HR & CE, Nungambakkam, Chennai – 34.
2.The Executive Officer, A/M.Santhanagopala Krishnaswamy Koil, C/o.A/M.Kasiviswanatha Swamy Temple, Kumbakonam.
3.The District Collector, Thanjavur District, Thanjavur.
4.The Commissioner, Kumbakonam Municipality, Kumbakonam.
5.The Tahsildar, Revenue Department, Kumbakonam.
6.The Deputy Superintendent of Police, Kumbakonam.
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Review Application Writ (MD) No.56 of 2024
S.M.SUBRAMANIAM, J.
and V.LAKSHMINARAYANAN, J.
sli
Review Application Writ (MD) No.56 of 2024 and W.M.P.(MD) No.6167 of 2024
14.06.2024
5/5
1 issue framed by the court
Whether the petitioner's claim of error in the finding that the northern properties in T.S.No.3/2 belong to the temple justifies review of the order dated 07.11.2023.
1 provisions across 1 enactments
Elephant G.Rajendran
The Commissioner, HR & CE, Nungambakkam, Chennai – 34
The Executive Officer, A/M.Santhanagopala Krishnaswamy Koil, C/o.A/M.Kasiviswanatha Swamy Temple, Kumbakonam
The District Collector, Thanjavur District, Thanjavur
The Commissioner, Kumbakonam Municipality, Kumbakonam
The Tahsildar, Revenue Department, Kumbakonam
S.M.Subramaniam
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
