Review Cannot Be Disguised Appeal: Madras High Court Dismisses Man’s Plea Against Order Upholding Construction Of Mosque Near Temple
1 year, 3 months ago

Review Cannot Be Disguised Appeal: Madras High Court Dismisses Man’s Plea Against Order Upholding Construction Of Mosque Near Temple

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Upholding the tenets of religious harmony in India, the Madras High Court recently dismissed a man’s review petition against an earlier decision which dismissed his plea challenging the construction of a mosque near a temple. Noting that no new grounds were set up in the review, the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy observed that an appeal could not be disguised as a review and that the jurisdiction of the court in the review was very narrow and could be exercised only if there was an apparent error. The petitioner, Gopinath had initially filed the writ petition seeking directions to the District Collector, Corporation Commissioner and Commissioner of Police to remove an alleged unauthorised construction put up by one Rabbaniya Arabic College. On review, finding that there was no error in the coordinate bench’s earlier decision and no new grounds had been raised, the court dismissed the present petition.

History of this topic

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