[Order of the Court was made by T.S.SIVAGNANAM, J.] The present Review Application has been filed at the instance of the 1st respondent in the Writ Appeal (MD).No.404 of 2017, who was the writ petitioner in W.P.(MD).No.23533 of 2016. The review petitioner sought for a direction upon the official respondents to consider the representation dated 18.08.2016 with regard to the renewal of registration of Bodinayakanur Thirumalapuram Nadargal Uravinmurai School Committee Society having Registration No.108/1964.
2.The writ petition was disposed of, by order dated 14.12.2016, by directing the official respondents to consider the representation in accordance with law. Thus, the Writ Court did not go into merits of the writ petitioner's claim as to whether he is entitled to seek for such a relief.
3.The Thirumalapuram Nadargal Uravinmurai Sangam bearing Registration No.177/98 filed a third party appeal after taking leave from the Division Bench in W.A.(MD).No.404 of 2017. The Court heard the matter and allowed the appeal and set aside the direction issued in the writ petition. Paragraph Nos.5 & 6 of the Judgment reads as follows:
?5.Earlier, the Society, which was registered as ?108 of 1964? and two other persons filed Writ Petitions in W.P.(MD)No.2594 of 2004, W.P.(MD)No.499 of 2005 and W.P.(MD) No.500 of 2005. In the said Writ Petitions, they sought for setting aside the order passed by the District Registrar (Administration), Periyakulam and consequential orders passed by the Director of School Education, in and by which, 1964 society is stated to be merged with the appellant society. The Writ Court, after elaborately hearing the parties, dismissed the Writ Petitions, by a Common Order dated 12.01.2007, as against which, Writ Appeals were filed before the Division Bench in W.A.(MD)Nos.122 to 124 of 2009. All the Writ Appeals were dismissed by a Common Judgment dated 13.10.2015, confirming the order passed in the Writ Petitions. The Division Bench, while dismissing the Writ Appeals, observed that the Writ Court was fully justified in dismissing the Writ Petitions and directing the parties to approach the Civil Forum to establish their rights.
6.The present attempt of the first respondent/writ petitioner is to reopen the settled proceedings, without approaching the Civil Court. The locus standi of the first respondent/writ petitioner is also doubtful. Admittedly, 1964 society has not approached the Court. In fact, 1964 Society does not exist and it has merged with the appellant society. Therefore, if the direction issued in the Writ Petition is allowed to stand, it will unsettle the settled matters and it will pave way for another round of litigation before this Court, which should not be permitted.?
4.The learned counsel appearing for the review petitioner submits that in view of the finding recorded by this Court in paragraph No.6, the liberty granted in W.P.(MD)No.2594 of 2004 etc. batch dated 12.01.2007, which was affirmed by the Hon'ble Division Bench in W.A.(MD).Nos.122 to 124 of 2009 dated 13.10.2015, will stand effaced.
5.We are not agreeable to accept the said submission for more than one reason. Firstly, the review petitioner was not a party to W.P.(MD).No.2594 of 2004 etc. batch dated 12.10.2007 or in W.A.(MD).No.122 to 124 of 2009 etc. batch dated 13.10.2015. Secondly, we have not considered the correctness of the earlier orders and what was the subject matter on appeal before us was only the order in W.P.(MD).No.23533 of 2016 dated 14.12.2016. Thus, we find there is no error apparent on the face of the Judgment passed by us. Thus, no grounds have been made to entertain the review petition.
6.Accordingly, the Review Application is dismissed. No costs.
To
1.Thirumalapuram Nadargal Uravinmurai Sangam, Reg.No.177/98, Rep. By its President, Thiru.M.V.C.Suriyan, No.35, Bazar Street, Thirumalapuram, Bodinayakkanur, Theni District.
2.The Inspector General of Registration [Societies] Santhome High Road, Chennai.
3.The District Registrar [Societies] Periyakullam Theni.
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