High Court dismissed Writ Petition filed by legal representatives of deceased appellant challenging unlawful constructions. Court held petitioners approached with unclean hands by suppressing material facts regarding the underlying suit AND deemed petition devoid of merit so petition dismissed.
WRIT PETITION DISMISSED WITH NO COSTS.
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W.P.No.19248 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2024
CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.19248 of 2020
.. Petitioners
-vs-
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W.P.No.19248 of 2020
10.Thiruveethi Marbles and Granites Dealers in Marble Tiles and Granites represented by its Proprietor Mettupalayam Main Road Pera Mahampalayam Pilichi Village Coimbatore 641 019
11.Thiru.Gopalakrishnan 12.V.Mahendran 13.B.Karthick Prakash (R12 & R13 impleaded vide order dated 14.06.2023 in WMP.14110 & 14312/21 in WP.19248/20) .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 26.11.2019 relating to unlawful constructions erected by respondents 4 to 11.
For Petitioners :: Mr.B.Manimaran
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W.P.No.19248 of 2020
For Respondents :: Mrs.V.Yamuna Devi Special Government Pleader for R2 & R3 Mr.L.Mouli for R7, R12 & R13 No appearance for R1 & R11 Tapal returned for R5, R6, R8, 9 &
10
ORDER
(Order of the Court was made by S.S.SUNDAR,J.)
This writ petition is filed for issuance of a mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 26.11.2019 relating to unlawful constructions put up by respondents 4 to 11.
the property measuring an extent of 18 acres and 55 cents in Pilichi Village, Coimbatore District was in possession of the first petitioner along with his sisters. It is now brought to our notice that the first petitioner along with two others have filed earlier a suit for partition and there was an ex parte decree by a judgment and decree dated 10.02.2010. However, it appears that the
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W.P.No.19248 of 2020
ex parte decree was set aside later and the suit was ultimately dismissed for non prosecution by the judgment dated 12.03.2015. The order dismissing the suit in O.S.No.551of 2009 that became final, is admitted. However, based on the decree by which the suit itself was dismissed for non prosecution, it appears that the first petitioner has registered the decree and made a false claim on the basis of subsequent documents created inter se. Since the petitioners have come before this Court with unclean hands suppressing the material facts, this Court finds that the petitioners are not entitled to any relief from this Court by exercising our extraordinary jurisdiction. The petitioners have raised a dispute with regard to certain lands and appear to have filed this writ petition for a relief which they could not get from the civil Court on the admitted facts. Since the filing of the writ petition is motivated and the writ petition is devoid of any merit, this Court has no option but to dismiss the same. Accordingly, the writ petition stands dismissed. No costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) Neutral citation : yes/no 15.03.2024
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W.P.No.19248 of 2020
ss
To
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W.P.No.19248 of 2020
S.S.SUNDAR,J. AND N.SENTHILKUMAR,J.
ss
W.P.No.19248 of 2020
15.03.2024
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3 issues framed by the court
Whether the writ petition is maintainable when filed by petitioners with unclean hands and suppressing material facts.
Whether the Court can grant relief when the underlying civil suit was dismissed in finality and the petitioners seek inordinate relief from Court.
Whether the writ petition is devoid of merit as the petitioners could not get the desired relief from the civil Court on admitted facts.
1 provisions across 1 enactments
P.Kannappan (Deceased) and others
The Commissioner Corporation of Coimbatore
The Executive Officer Pilichi Panchayat Union Office Coimbatore
The Thasildar Coimbatore (North)
S.S.SUNDAR
N.SENTHILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
