Case Note & Summary
The petitioner, M.Govindan, filed a review petition under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking to review an order dated 31.10.2017 passed in W.P.No.11628/2017 by the Madras High Court. The respondents included R.Gajendran, the Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply, the Director of Town Panchayats, and the Executive Officer of Gummidipoondi Town Panchayat. When the matter was taken up for hearing, the learned counsel for the petitioner sought permission to withdraw the review application and made an endorsement to that effect in the court record. The court, recording the submission, dismissed the review petition as withdrawn with no order as to costs. Consequently, any connected miscellaneous petitions were closed. The judgment did not involve any adjudication on the merits of the case, as the petitioner voluntarily withdrew the petition.
Headnote
A) Civil Procedure - Review Petition - Withdrawal - Order 47 Rule 1 r/w Section 114 of Code of Civil Procedure, 1908 - Petitioner sought permission to withdraw the review application and made an endorsement to that effect - Court dismissed the review petition as withdrawn without adjudicating on merits - Held that recording the submission of withdrawal, the review application is dismissed as withdrawn (Paras 1-2).
Issue of Consideration
Whether the review petition should be allowed or dismissed.
Final Decision
The review application is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
Law Points
- Review petition
- withdrawal
- dismissal as withdrawn
- no adjudication on merits
Case Details
2026 LawText (MAD) (03) 253
S. M. Subramaniam, K. Surender
Mr.S.Prabakaran for M/S.Paul And Paul (for petitioner), Dr.S.Suriya, Additional Government Pleader (for respondents 2 to 4)
R.Gajendran, The Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply, The Director, Directorate of Town Panchayats, The Executive Officer, Gummidipoondi Town Panchayat
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Review petition under Order 47 Rule 1 r/w Section 114 CPC seeking review of an order dated 31.10.2017 in WP.No.11628/2017.
Remedy Sought
Petitioner sought review of the order dated 31.10.2017 in WP.No.11628/2017.
Filing Reason
To review the order dated 31.10.2017 in WP.No.11628/2017.
Previous Decisions
Order dated 31.10.2017 in WP.No.11628/2017 passed by the Madras High Court.
Issues
Whether the review petition should be allowed or dismissed.
Submissions/Arguments
Petitioner's counsel sought permission to withdraw the review application and made an endorsement to that effect.
Ratio Decidendi
When a petitioner seeks withdrawal of a review petition and makes an endorsement to that effect, the court may dismiss the review petition as withdrawn without adjudicating on merits.
Judgment Excerpts
When the matter was taken up, learned counsel for the petitioner sought permission of this Court to withdraw the present review application. He has also made an endorsement to that effect in the Court record.
Recording the submission of the learned counsel for the petitioner, the present review application is dismissed as withdrawn. No costs.
Procedural History
The petitioner filed a review petition under Order 47 Rule 1 r/w Section 114 CPC to review an order dated 31.10.2017 in WP.No.11628/2017. When the matter was taken up, the petitioner's counsel sought permission to withdraw the review application and made an endorsement. The court dismissed the review petition as withdrawn on 17-03-2026.
Acts & Sections
- Code of Civil Procedure, 1908: Order 47 Rule 1, Section 114
