G.ANBAZHAGAN Vs. S.JEYACHANDRAN

JUDGEMENT

(1.) This Review Application had been filed to review the order dtd. 28/4/2023 passed by this Court in O.S.A.No.17 of 2022.

(2.) Mr.T.Mohan, the learned Senior counsel on behalf of the Review petitioner in Rev.A.No.116 of 2023 would concede that the petitioner is satisfied with the orders passed by this Court in the instant Review Application, dtd. 19/12/2023 and all that, he requests this Court to seek for a direction to Administrator to complete the democratic process of conducting an election to the Board of Trustees of the Trust.

(3.) Mr.N.Murali Kumaran, learned Senior counsel appearing for the petitioner in CMP.Nos.1854 & 3810 of 2024 would vehemently contend that the power of Review under Order XXXVI, Rule 1 of the Madras High Court Original Side Rules read with Clause 15 of the Madras High Court Letters Patent is only available to review the order on merits and such power does not include the power of passing interim orders pending disposal of the Review Application. He would further submit that even assuming the inherent powers to pass interim orders in a Review Petition pending its disposal, such powers to pass an interim order would get vested only in the third stage i.e., after granting an order under Rule 4 of Order XLVII CPC. He would rely upon the principles laid in the Indian Trust Act, 1882, and he would attack the change of interim Administrator appointed by this Court vide its judgment dtd. 28/4/2023.