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2017 (9) TMI 2026 - MADRAS HIGH COURTReview Application - Error Apparent on the Face of Record - Application for Appointment on 'Compassionate Ground' - HELD THAT:- On an overall assessment of the entire conspectus of the attendant facts and circumstances of the present case in an encircling manner and also this Court bearing in mind yet another fact that from the side of first wife there is no rival claim in regard to the compassionate appointment, (she died being issueless) and in view of the well settled legal position that the purported new issues/alleged new facts, viz., (a) the statement of Respondent's/Petitioner's mother, Vijayakumari dated 06.02.1995 before the Sub-Inspector of Namakkal Police Station and (b) the undated Petition/Application of Chinnu (his father's brother) addressed to the Sub Inspector of Namakkal Police Station, this Court comes to an irresistible conclusion that these issues were not raised before the Learned Single Judge at the time of disposal of the main Writ Petition nor before the Appellate Court at the time of hearing or at the time of passing the Judgment and viewed in that perspective, these new facts/issues cannot be allowed to be raised before this Court. The Review Applicants' cannot heighten or improve their case, which was not there either in the Original Writ Petition or in the Writ Appeal by placing heavy reliance on the alleged statement of the Respondent/Petitioner's mother dated 06.02.1995 before the Sub Inspector of Police, Namakkal Police Station and the Application/Petition of the Respondent/Petitioner's father's brother, one Chinnu, son of Arumugam, Unjanai of Thiruchengode circle etc., Also the well settled legal proposition to be borne in mind is that 'Review' erases the Original Judgment or Order passed by a competent Court of Law from the inception. In the instant case, based on the facts and circumstances of the present case and on an overall assessment of the same in a real and proper perspective, a proper course of action available/open to the Applicants' in Law, is to prefer a Special Leave Petition before the Hon'ble Supreme Court of India as against the Impugned Judgment passed by the Learned Single Judge. Looking at from any angle, the present Review Application filed by the Review Applicants' sans merits. The Review Application is dismissed.
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