Review of a second appeal dismissal concerning assigned land allegedly transferred more than ten years after assignment. The court held no error apparent on the face of the record existed; the sale argument was raised for the first time in review without pleading or appeal ground, and dismissed the review application.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
REV.APPL No. 185 of 2025
1. Thevayal
W/o late Pattappan,
Anna Nagar Thoppampalayam Village Sathyamangalam Taluk Erode District
S/o late Pattappan, Anna Nagar Thoppampalayam Village Sathyamangalam Taluk Erode District
3. Saikala
D/o late Pattappan,
Anna Nagar Thoppampalayam Village Sathyamangalam Taluk Erode District
Appellant(s)
Vs
2.District Revenue Officer Erode District
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3.Tahsildar Tahsildar Office Sathyamangalam Erode District
Respondent(s)
PRAYER
To review the order dated 20-01-2021 passed in SA.No.1400 of 2008.
For Appellant(s): Chockalingam SP
For Respondents: Mr.B.Tmailnidhi, AGP (CS)
ORDER
This petition seeks to review the order passed in Second Appeal No.1400
of 2008 dated 20.1.2021.
Mr.Tamil Nidhi, learned Additional Government Pleader for the respondents.
petitioner's husband and father of the second and third appellant/second and
third review petitioners, one Mr.Pattappan, had purchased the suit property on
24.1.1985 from one Madhaian. The said Madhaian had purchased the property
from one Gopal on 19.11.1983. The petitioner had been benefited with a D.
eK:dh on 10.8.1973. He pleads that as the sale had taken place after a period
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of ten years post assignment, the finding of this court in the Second Appeal
suffers an error apparent on the face of the record and therefore, he is entitled for the review.
appearing for the respondents, points out that it is not the case of the sale by
Mr.Gopal in favour of Mr.Madhaian, which had culminated in the cancellation
proceedings. The oral transfer of the property by way of lease by Gopal in favour of Madhaian, which attracted the attention of the Revenue Department.
Both Madhaian and Gopal had been put on notice in the year 1983 and the order of cancellation had been passed on 24.1.1986. Hence, he pleads that there
is no error apparent on the face of the record warranting interference of this
court by way of review and seeks for dismissal of the review.
records.
heard by me, cannot be considered by me while dealing with a Review
Application. If a party seeks to review an order in appeal, he should point out
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the error apparent on the face of the record. The review should not be an
attempt to re-argue the appeal in its entirety.
was passed on the fact that there had been oral transfer by the predecessor in
title of the plaintiff's father. Though, Mr.S.P.Chockalingam attempted to point
out that there cannot be a sale, this issue was not a subject matter of pleading
before the learned Trial Judge, or a ground taken in the Appeal. No such
ground can be raised for the first time in Review.
do not find any ground to review the order passed in the appeal. The review
application is dismissed. No costs.
15-10-2025
ssk.
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
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To
1.State of Tamil Nadu Rep. by its District Collector, Erode District.
2.District Revenue Officer Erode District
3.Tahsildar Tahsildar Office Sathyamangalam Erode District
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V.LAKSHMINARAYANAN J.
ssk.
REV.APPL No. 185 of 2025
15-10-2025
1 issue framed by the court
Whether an alleged error regarding the date of assignment and subsequent sale constitutes an error apparent on the face of the record justifying review of the second appeal order.
Thevayal
Easwaramoorthy
Saikala
State of Tamil Nadu Rep. by its District Collector, Erode District
District Revenue Officer Erode District
Tahsildar, Tahsildar Office Sathyamangalam Erode District
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
