Division Bench dismissed a Review Application filed over 14 years post original judgment. The court held the petition lacked merit, established no error apparent on record, and refused to expand the scope of review for re-appreciation of facts.
Review Petition dismissed. No costs.
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.APPL.No.51 of 2013 against WA.No.1426 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2024
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
REV.APPL.No.51 of 2013 against
WA.No.1426 of 2009
P.Samiappa Gounder
... Applicant
Vs.
... Respondents
Review Application filed under Order 47 Rule 1 r/w Section 114 of CPC praying to review the order dated 11.11.2009 in WA.No.1426 of 2009.
For Petitioner : Mr.C.K.Chandrasekar for Mr.T.Padmanabhan For Respondents : Mr.S.John J.Raja Singh Additional Government Pleader
O R D E R
REV.APPL.No.51 of 2013 against WA.No.1426 of 2009
[Order of the Court was delivered by S.M.SUBRAMANIAM, J. ]
The grounds raised in the Review Petition on merits cannot be adjudicated. The scope of Review Petition cannot be expanded for the purpose of re-adjudication or re-appreciation of the facts or issues raised in the Writ Petition and the Writ Appeal. The Division Bench of this Court has confirmed the order passed by the Writ Court on 11.11.2009. Almost 14 years lapsed. That being so, we are not inclined to interfere. More so, the petitioner has not established any error apparent on record for interference. Hence, the Review Petition stands dismissed. No costs.
[S.M.S., J.] [C.K., J.] 22.07.2024
kmi Index : Yes/No
Speaking order : Yes/No Neutral Citation : Yes/No
To
REV.APPL.No.51 of 2013 against WA.No.1426 of 2009
S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.
kmi
REV.APPL.No.51 of 2013 against WA.No.1426 of 2009
22.07.2024
2 issues framed by the court
Whether the Review Application filed under Order 47 Rule 1 read with Section 114 of CPC can be adjudicated given the lapse of almost 14 years and lack of error apparent on record.
Whether the scope of Review Petition can be expanded for re-adjudication or re-appreciation of facts and issues previously raised.
1 provisions across 1 enactments
P.Samiappa Gounder
The Regional Transport Authority, Erode
The State Transport Appellate Tribunal Chennai-600 104
S.M.SUBRAMANIAM
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
