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2024 Supreme(Online)(MAD) 40819
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.
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
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 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
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
