Delay in filing review petition cannot be condoned if meanwhile the order sought to be reviewed has been complied with and a related SLP has been filed.

(Order of the Court was made by Dr.G.Jayachandran J.)

This petition is filed to condone the delay of 21 days in filing the Review Petition to review the order of this Court, dated 22.12.2022 passed in W.P.No.165087 of 2021.

2. The matter relates to the alleged unauthorised construction of building by the sixth respondent.

3. A Division Bench of this Court in W.P.No.16508 of 2021, in the order which is sought to be reviewed, had taken note of the submissions made by the learned counsel appearing for the sixth respondent and also the learned Government Advocate appearing for the respondents 1 to 3 and 5 that the sixth respondent has sought for regularisation of the building as per the revised plan and that will be considered within the time fixed by the Court. Accordingly, this Court has granted eight weeks’ time for the respondents to pass appropriate order on the application for regularisation of the revised plan. 4. While the fact being so, the said order is now sought to be reviewed with a delay of 21 days in filing the Review Application, however, by this time, much water has flown under the bridge. As per the direction of this Court, the Government/respondents have considered the application for regularisation and rejected the revised plan submitted by the sixth respondent, which has been challenged by the sixth respondent in a separate Writ Petition. The said Writ Petition has been disposed of, taking note of the fact that the challenge to Section 113-C of the Tamil Nadu Town and Country Planning Act, is seized by the Honourable Supreme Court and so decision will have to be taken, subject to the outcome of the Special Leave Petition filed.

5. In the said circumstances, we find no reason to entertain this condone-

delay-petition. If at all the petitioner is aggrieved, he has to wait till the order that would be passed by the Government after disposal of the Special Leave Petition pending before the Supreme Court in respect of the revised plan submitted by the sixth respondent.

6.Hence, we dismiss this condone-delay-petition. Consequentially, the Review Application is hereby rejected. There shall be no order as to costs.