Court dismissed a review application filed by SIPCOT House Owners Association challenging an order directing members to pay Rs.40,100/- per ground for regularization of plots, noting prior facilities were provided and members bound by past undertaking.
Review application dismissed; connected miscellaneous petition closed; no costs.
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Review Application No.38 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11.07.2024
CORAM
THE HON’BLE MR. JUSTICE S.M. SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE C. KUMARAPPAN
Review Application No.38 of 2009
&
M.P. No. 1 of 2009
The SIPCOT House Owners Association, Reg. No. 243/92, rep. by its Secretary P.H. Madusudanan, B-54, SIPCOT Housing Colony, No.1, Hosur, Krishnagiri District.
..Petitioner
Vs.
1\5
2.
Review Application No.38 of 2009
..Respondents
Prayer: Review Application to review the judgment dated 26.03.2009
passed in W.A. No. 594 of 2005.
The present review application has been filed to review the judgment dated 26.03.2009 passed in W.A. No. 594 of 2005.
SIPCOT Authorities from demanding Rs.40,100/- per ground by way of regularisation of purchase of vacant plots made by them from the original allottees for providing basic amenities like water supply, sewerage connection and for issuance of NOC for electricity service connection to the SIPCOT Housing Colony – I and SIPCOT Staff Housing Colony, Hosur. 2\5
Review Application No.38 of 2009
The said writ petition was ordered with a direction to SIPCOT not to interfere with basic amenities like water supply, sewerage connection and also to issue 'No Objection Certificate'for electricity service connection apart from giving an opportunity to SIPCOT to proceed against the original allottees for contravening the conditions of allotment. Challenging the same, the 1st respondent herein preferred an appeal, which came to be ordered with a direction to each of the members of the appellant association to pay a sum of Rs.40,100/- to the 1st respondent herein within a stipulated time with a further direction that appropriate action shall be taken by the 1st respondent against those members of the association, who fail to comply with the said direction. To review the said judgment, the association has come forward with the present review application.
is sought to be reviewed, it is seen that the Division Bench had adjudicated the issue on merits and observed that inasmuch as the members of the petitioner association herein had given an undertaking to pay Rs.40,100/per ground for regularisation of the allotment made in their favour and
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Review Application No.38 of 2009
obtained 'No Objection Certificate' for Electricity Service Connection, they cannot now go back on their undertaking and question the demand of payment of Rs.40,100/- made by SIPCOT. The Division Bench also recorded the statement made by Mr.C. Prakasam, learned counsel for the members of the association that basic facilities had already been
provided and that the members were enjoying the benefits. The Division Bench went on to observe that when the members have been provided with the facilities, in all fairness, they should abide by the undertaking given by them to pay Rs.40,100/- demanded by SIPCOT and cannot be allowed to question the resolution dated 02.04.2004.
sufficient to come to the conclusion that the members of petitioner association are not entitled to raise further grounds to review the said judgment. The said judgment only directs the members of the petitioner association to abide by the undertaking given by them to SIPCOT even prior to the filing of the writ petition when admittedly, the members had already
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Review Application No.38 of 2009
been provided with all basic facilities, as per the statement made by the learned counsel for the petitioner association. That being so, we do not find
S.M. SUBRMANIAM,J.
AND
C. KUMARAPPAN,J.
nv
any ground made out to entertain this review application. Hence, the review application stands dismissed. No costs. Connected M.P. is closed.
nv
(S.M.S.J.) (C.K.J.) 11.07.2024
Review Application No. 38 of 2009
5\5
1 issue framed by the court
Whether the petitioners are entitled to seek review of the judgment directing them to pay Rs.40,100/- based on their prior undertaking.
The SIPCOT House Owners Association, Reg. No. 243/92, rep. by its Secretary P.H. Madusudanan
The Chairman and Managing Director, SIPCOT
The Project Manager, SIPCOT
S.M. SUBRAMANIAM
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
