K.S. Palanisamy (Dead) Through Lrs vs Hindu Community In General And Citizens ... on 12 September, 2023

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Supreme Court - Daily Orders

K.S. Palanisamy (Dead) Through Lrs vs Hindu Community In General And Citizens ... on 12 September, 2023

Bench: Sanjay Kumar

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     ITEM NO.38                         COURT NO.16                SECTION XII

                              S U P R E M E C O U R T O F     I N D I A
                                      RECORD OF PROCEEDINGS

     Miscellaneous Application No.             548-549/2018 in C.A. No. 5924/2005

     (Arising out of impugned final judgment and order dated 16-12-2017
     in C.A. No. No. 5924/2005 16-12-2017 in C.A. No. No. 5925/2005
     passed by the Supreme Court Of India)

     K.S. PALANISAMY (DEAD) THROUGH LRS                            Petitioner(s)

                                                VERSUS

     HINDU COMMUNITY IN GENERAL AND CITIZENS OF GOBICHETTIPALAYAM
     REPRESENTED BY SENNIAPPA CHETTIAR & ORS.Respondent(s)

         IA No. 30579/2018 - APPEAL AGAINST REGISTRARS ORDER XV RULE 5
         IA No. 118535/2021 - APPLICATION FOR SUBSTITUTION
         IA No. 143480/2021 - APPROPRIATE ORDERS/DIRECTIONS
         IA No. 30581/2018 - CONDONATION OF DELAY IN FILING
         IA No. 30582/2018 - EXEMPTION FROM FILING O.T.
         IA No. 150875/2021 - INTERVENTION/IMPLEADMENT
         IA No. 143424/2021 - INTERVENTION/IMPLEADMENT)

     WITH Diary No(s). 30634/2021 (XII)
     (FOR PERMISSION TO FILE PETITION (SLP/TP/WP/..) ON IA 33440/2022
     FOR CONDONATION OF DELAY IN FILING ON IA 33443/2022
     FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA
     33444/2022
     FOR EXEMPTION FROM FILING O.T. ON IA 33446/2022
     FOR APPLICATION FOR SUBSTITUTION ON IA 33447/2022
     FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA
     33448/2022
     FOR SETTING ASIDE AN ABATEMENT ON IA 33449/2022
     FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
     37291/2022
     FOR EXEMPTION FROM FILING O.T. ON IA 37294/2022
     FOR CLARIFICATION/DIRECTION ON IA 37300/2022
     FOR EXEMPTION FROM FILING O.T. ON IA 37302/2022
     FOR APPLICATION FOR PERMISSION ON IA 37308/2022
     FOR EXEMPTION FROM FILING O.T. ON IA 37310/2022
     FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA
     140104/2022

     Date : 12-09-2023 These matters were called on for hearing today.
Signature Not Verified

Digitally signed by
NIRMALA NEGI
Date: 2023.09.14

     CORAM :
16:35:29 IST
Reason:                  HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                         HON'BLE MR. JUSTICE SANJAY KUMAR
                                         2

For Petitioner(s)       Ms. Shobha Ramamoorthy, AOR
                        Mr. Shilp Vinod, Adv.
                        Mr. M. A. Karthik, Adv.
                        Ms. Vincy George, Adv.
                        Mr. Gokulakrishnan, Adv.

                        Mr. S. Rajappa, AOR
                        Mr. V Prabhakar, Adv.
                        Mr. R. Shase, Adv.
                        Ms. Jyoti Parashar, Adv.
                        Mr. Nj Ramchandar, Adv.
                        Mr. R Gowrishankar, Adv.

For Respondent(s)       Mr. R. N. Keswani, AOR
                        Mr. Pranav Singhal, Adv.
                        Mr. Ravi Raghunath Vachher, Adv.
                        Mr. Ramesh N. Keswani, Adv.

                        Mr. M. Yogesh Kanna, AOR

                        Mr. D.Kumanan, AOR
                        Mr. Sheikh F Kalia, Adv.
                        Mrs. Deepa. S, Adv.

                        Mr. R. Ayyam Perumal, AOR
                        Mr. A. Renganath, Adv.

                        Mrs. Revathy Raghavan, AOR

                        Mr. Vikas Mehta, AOR
                        Mr. Adith Nair, Adv.


            UPON hearing the counsel the Court made the following
                               O R D E R

Having given our anxious consideration to the arguments advanced and the averments made in the Miscellaneous Application, we are of the considered view that this application is nothing but an application for review in disguise styled as an application for clarification of the judgment dated 9th March, 2017. In this context, it is relevant to refer to the decision in Delhi Administration vs. Gurdip Singh Uban reported in (2000) 7 SCC 296, wherein this Court held that the Courts should not permit hearing of such an applications for 'clarification', 'modification’ or 'recall' if the application is in substance a clever move for review.

In that view of the matter, we are not inclined to allow the prayers made in the Miscellaneous Application. Consequently, it stands dismissed.

Pending application(s), if any, stands disposed of.

Diary No(s). 30634/2021 Taking note of the delay of more than 14 years, to be precise 5358 days, we are of the view that leave to file special leave petition against the judgment of the High Court of Judicature at Madras dated 07.04.2005 in A.S. No.851 of 1989, has to be rejected on the ground of delay. Consequently, it stands dismissed.

(DR. NAVEEN RAWAL)                               (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS                           COURT MASTER (NSH)

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