S. MURALI SUNDARAM Vs. JOTHIBAI KANNAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 29/6/2021 passed by the High Court of judicature at Madras at Madurai Bench passed in Review Application (MD) No.21 of 2017 as well as the orders passed in Writ Petition (MD) No.14847 of 2017, Writ Petition (MD) No.16256 of 2017 as well as the order in Contempt Petition (MD) No.1109 of 2017 by which the High Court in exercise of review jurisdiction has allowed the Review Application No.21 of 2017 and has set aside the order dtd. 3/3/2017 passed in Writ Petition (MD) No.8606 of 2010, the original writ petitioner of Writ Petition (MD) No.8606 of 2010 has preferred the present appeals.

(2.) The issue involved in the present appeals as such is in a very narrow compass.

(3.) Present appeals are vehemently opposed by Ms. Haripriya Padmanabhan, learned counsel appearing on behalf of the contesting respondents - original review applicants. It is vehemently submitted by learned counsel appearing on behalf of the review applicants that while deciding the Writ Petition No.8606 of 2010 the High Court erroneously discarded the survey report and relied upon the private reports. It is submitted that as such a fraud was committed by the original writ petitioner as well as S.M. Gajendran as they relied upon the forged reports/documents. It is submitted that therefore, this Court may not exercise the powers under Article 136 of the Constitution of India. It is submitted that the High Court found that the earlier order dtd. 3/3/2017 passed in Writ Petition No.8606 of 2010 was erroneous and therefore, the High Court is justified in setting aside the judgment and order dtd. 3/3/2017 passed in Writ Petition No.8606 of 2010.