The Madras High Court on Monday dismissed an application seeking a review of its order on a writ petition relating to attacks on Tamil Nadu fishermen, a direction to the authorities to protect the fishermen's lives and to pay adequate compensation to the dependants of those killed and the injured.
In its order, the First Bench comprising the Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam said that it was well settled that a review was by no means an appeal in disguise whereby an erroneous decision was re-heard and corrected; but a review was only for a patent error. The Bench said that in an earlier writ petition, the petitioner, P.Pugalenthi, sought a direction to hold an enquiry into the negligence and failure of the Indian Coast Guard and to prevent human rights violations.
The loss of life and property should be assessed for making recommendation to the government for rehabilitating the victims' families. The petition was dismissed in February this year.
Thereafter, another writ petition was filed for the same relief.
It was dismissed in March this year by a reasoned order on various grounds. The petitioner has sought a review of the March order.
Dismissing the review application, the Bench said there was no dispute with regard to the legal proposition that there was nothing in Art.226 of the Constitution to preclude the High Court from exercising the power of review to prevent miscarriage of justice or to correct grave and palpable error committed by it. But, there were certain limitations on the power of review. The grounds set forth by the petitioner to review the impugned order had no merit at all, the court said. However, this order would not come in the way of the victims, who approached the appropriate authority for redress of their grievances.
