Madras High Court
Arulmigu Sri Selva Vinayagar Alayam vs Porur Gardens Residents Welfare ... on 30 September, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
Rev.Apln.(writ).92 of 2024
against
W.P.No.4431 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.09.2024
Coram:
THE HONOURABLE Mr.JUSTICE S.S.SUNDAR
and
THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
---
Review Application (Writ) No.92 of 2024
against
Writ Petition No.4431 of 2019
---
Arulmigu Sri Selva Vinayagar Alayam,
Rep. by Temple Committee,
Porur Garden Phast-I Park,
Vanagaram, Chennai-600 095. .. Review Applicant
Vs.
1. Porur Gardens Residents Welfare Association,
(Reg.No.244/2005),
Rep. by its Secretary K.Kesavan,
Porur Gardens, Vanagaram, Chennai-600 095.
2. Government of Tamil Nadu,
Rep. by Principal Secretary to Government,
Department of Municipal Administration
and Water Supply Department,
Fort St.George, Chennai.
3. The District Collector, Thiruvallur Collectorate, Thiruvallur.
4. The Commissioner,
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Rev.Apln.(writ).92 of 2024
against
W.P.No.4431 of 2019
Greater Chennai Corporation Building, Chennai-600 003.
5. The Special Officer,
Block Development Office,
Villivakkam Panchayat Union,
Ambattur, Chennai.
6. The Revenue Divisional Officer, Thiruvallur.
7. Vanagaram Panchayat Union,
Represented by its President,
Mrs.Jamuna Srinivasan,
Chokkalingam Naicker 5th Street,
Ganapathi Nagar,
Vanagaram, Chennai-600 095.
.. Respondents
Review Application (Writ) filed under Order 47 Rule 1 read with Section
114 of the Code of Civil Procedure, to review the order dated 19.10.2023 in
W.P.No.4431 of 2019 passed by this Court.
For review applicant : Mr.S.Mahaveer Shivaji
For respondents : Mr.A.Selvendran, Spl.G.P. for RR-2, 3, 5 and 6
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Rev.Apln.(writ).92 of 2024
against
W.P.No.4431 of 2019
ORDER
(The Order of the Court was made by S.S.Sundar, J) This Review Application is filed to review the order dated 19.10.2023 passed in Writ Petition No.4431 of 2019.
2. The first respondent-Porur Gardents Residents Welfare Association has filed the said W.P.No.4431 of 2023 for issuance of a Writ of Mandamus to direct the respondents to remove the illegal constructions, projections and installations put up by the fifth respondent-Temple, situated in Open Space Reservation Area comprised in Survey No.249/1A, part of Vanagaram Village, Ambattur Taluk, Thiruvallur District.
3. This Court, by order datad 19.10.2023 in Writ Petition No.4431 of 2019, after hearing both parties, disposed of the said Writ Petition, in the following lines:
"6. We make it clear that OSR has got to be Page No.3/3 https://www.mhc.tn.gov.in/judis Rev.Apln.(writ).92 of 2024 against W.P.No.4431 of 2019 maintained as such and the temple has got to be restored to its old position and the projections made by the temple need to be removed.
7. It is submitted by Mr.A.Selvendran, learned Special Government Pleder that there is a Primary Health Centre and Overhead Water Tank, which is meant for public. Hence, without disturbing the Primary Health Centre and Overhead Water Tank, the authorities shall ensure that the temple is restored to its original position.
8. Though it has been pointed out by the contesting respondent that the OSR is completly maintained by the Municipality and that the said place is used only for the purpose of walking and that the Municipality opens the place from 8 am. and closes at 10.30 a.m. and again opens at 4.30 p.m. and closes at 8.30 p.m., there cannot be any encroachment on OSR land. A reading of the communication dated 09.11.2017 would make it very clear that initially, there was a small temple existing and from the photographs now produced, it has developed into a big temple encroaching upon the OSR land. Hence, the OSR to an extent of 89240 sq.ft. and the temple has got to be brought to the original position by removing the installations/projections/illegal constructions in OSR Area but the Primary Health centre and Overhead Page No.4/4 https://www.mhc.tn.gov.in/judis Rev.Apln.(writ).92 of 2024 against W.P.No.4431 of 2019 Water Tank shall remain intact. The writ petition is disposed of on the above terms. No costs. Connected W.M.P. is closed"
4. It is as against the above said order dated 19.10.2023 passed in W.P.No.4431 of 2019, this Review Application has been filed.
5. It is to be noted that this Court, after seeing the photographs, found that the Temple has become a big one because of the illegal constructions.
Therefore, the conclusion reached by this Court for issuing direction is perfectly in order and this Court finds no ground and there is no merit in this Review Application.
6. Further, it is settled law that the scope of the "review" is confined to Order 47 Rule 1 of CPC. Review can be entertained only if there is error apparent on the face of records. It has been repeatedly held by this Court and the Honoruable Supreme Court that a 'review' is not an appeal in disguise.
Therefore, this Court finds no merit in this Review Application, as there is no error apparent on the face of records.
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7. Hence, for the reasons stated above, this Review Application is dismissed. There shall be no order as to costs.
(S.S.S.R.,J) (A.D.M.C., J) 30.09.2024 cs To
1. Government of Tamil Nadu, Rep. by Principal Secretary to Government, Department of Municipal Administration and Water Supply Department, Fort St.George, Chennai.
2. The District Collector, Thiruvallur Collectorate, Thiruvallur.
3. The Commissioner, Greater Chennai Corporation Building, Chennai-600 003.
4. The Special Officer, Block Development Office, Villivakkam Panchayat Union, Ambattur, Chennai.
5. The Revenue Divisional Officer, Thiruvallur.
6. Vanagaram Panchayat Union, Represented by its President, Mrs.Jamuna Srinivasan, Chokkalingam Naicker 5th Street, Ganapathi Nagar, Vanagaram, Chennai-600 095.
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