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2013 DIGILAW 3633 (MAD)

District Manager, TASMAC, Virudhunagar District v. T. Paulraj

2013-10-10

M.JAICHANDREN, M.VENUGOPAL

body2013
Judgment : M. Jaichandren, J. 1. This review application has been filed against the order passed by the Division Bench of this Court, dated 05.08.2013, in W.P.(MD) No.12757 of 2013. The main contention of the learned counsel appearing on behalf of the review petitioner is that the Division Bench had passed the order, dated 05.08.2013, only on the ground that the people in the locality in question had opposed, unanimously, the establishment of the liquor shop in the place in question. He had further stated that the Division Bench ought to have noted as to whether the establishment of the liquor shop in question is in accordance with rule 10(5) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. It could not have traversed beyond the said aspect, to allow the writ petition, exercising its jurisdiction, under Article 226 of the Constitution of India. 2. In view of the submissions made by the learned counsel appearing on behalf of the review petitioner, and on a perusal of records, we are of the considered view that the review application is devoid of merits and therefore, it is liable to be dismissed. It is a well settled position of law that the review jurisdiction of this Court is limited in nature. The review petitioner wants the matter to be re-opened and re-assessed, by taking into consideration the facts and circumstances of the case. The learned counsel had not been in a position to point out that certain aspects has been dealt with by the Division Bench and that they are erroneous, on the face of the records. If the order of the Division Bench is found to be contrary to law or the facts of the case, it could be challenged, if so advised, before the appropriate forum, in the manner known to law. However, it would not be open to the petitioner to approach this Court, by filing a review application.