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S. M. SUBRAMANIAM
V. Ranganathan – Appellant
Versus
Chief Executive Officer Chennai Metropolitan Development Authority, Chennai – Respondent
JUDGMENT
(Prayer: Review Application filed under Order XLVII Rule 1 read with Section 114 of Civil Procedure Code, to set aside the order dated 10.11.2021 and made in W.P.No.24044 of 2021.)
1. The Review application is filed to review the order dated 10.11.2021 passed in W.P.No.24044 of 2021.
2. The petitioner filed a writ petition for a direction to direct the respondents to consider the representation of the petitioner dated 20.10.2021 for allotment of Shop No. from B/P-24 to T/A-P-4 on conversion in the light of W.P.No.4004 of 2000 order dated 08.03.2000.
3. This Court passed an order on 10.11.2021, as under:
“4. The High Court Cannot issue a direction in the form of recommendation, so as to direct the respondent to consider the case of Writ Petition. Consideration of a claim could arise only if the process commenced for such allotments of shops in a market or the place under the control of the CMDA. It is not as the any person can file a Writ Petition seeking a direction to consider the representation and by obtaining such an order get preference for allotment or otherwise. On most occasions, such a general direction issued by the High Courts to consider the repres
The High Court's power of judicial review under Article 226 of the Constitution of India should not be used for routine representations without establishing rights, and such abuse of judicial process....
The court confirmed that allotment prioritization must adhere to established criteria, emphasizing the necessity to follow judicial directions in administrative decisions regarding fair price shop al....
Non-communication of final orders causing prejudice to the rights of the review petitioner is a ground for review of the court's order.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Court directs consideration of representation for housing allotment without assessing merits.
Review Application – Power of review can be exercised for correction of a mistake but not to substitute a view.
A review petition cannot be used as a means to challenge the merits of a previous decision, and the court found no apparent error warranting review of its order to rehabilitate displaced persons.
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