Palaniammal v. K.Sengottaiyan

Madras HC4 Apr 2025WMP/10012/2025

Case brief

AI extract

What is this about?

Madras High Court, Ms. Justice P.T. Asha, 04-04-2025; WMP No. 10012 of 2025 in WP No. 38447 of 2024; recall of order dated 03.01.2025; suppression of vital facts; prima facie case; attempted alienation of property; similarity in name used to create documents; petitioners Palaniammal and four others; respondents led by K.Sengottaiyan; underlying writ by K.Sengottaiyan against the District Collector; Coimbatore/Erode property dispute.

What did the court decide?

Recall of the order dated 03.01.2025 made in W.P.No.38447 of 2024. ¶¶31

Palaniammal Vs K.Sengottaiyan — Madras HC (2025) — LawSathi Research

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WMP NO. 10012 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-04-2025

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CORAM

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THE HONOURABLE MS. JUSTICE P.T. ASHA

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WMP NO. 10012 of 2025

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WP NO. 38447 OF 2024

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PALANIAMMAL D/o.Subbannagounder, No.15/18 Ramasamy Gounder Street, Seenivasapuram, Pooluvapatti, Coimbatore 641101. and 4 Others

Petitioner(s)

K.Sengottaiyan

S/o.Karuppanna Gounder, No.55, Perumapalayam, Athaani A.Chempulichampalayam, Bhavani Taluk, Erode District. 638502. and 6 Others

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Respondent(s)

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WP NO. 38447 of 2024

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K.SENGOTTAIYAN S/o.Karuppanna Gounder, No.55, Perumapalayam, Athaani A.Chempulichampalayam, Bhavani Taluk, Erode District. 638502.

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THE DISTRICT COLLECTOR S/o.Karuppanna Gounder, No.55, Perumapalayam, Athaani A.Chempulichampalayam, Bhavani Taluk, Erode District. 638502.

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WMP NO. 10012 of 2025

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For Petitioner(s):

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V.Anandhamoorthy S.Kousik S.Kuberan

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For Respondent(s):

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R.Balaguruswamy V.Prabhakaran K.Davithu @ K.David R.Sritharms/2878/2014 P.Rajamani A.Prabhu (petitioner Counsel In Wp No 38447/2024)

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https://www.mhc.tn.gov.in/judis

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WP NO. 38447 of 2024

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For :

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R.Balaguruswamy V.Prabhakaran K.Davithu @ K.David R.Srithar P.Rajamani A.Prabhu

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For :

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ORDER

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The above Miscellaneous Petition is filed to recall the order dated 03.01.2025 made in W.P.No.38447 of 2024.

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2 .The petitioners would submit that the respondents 1 to 4 have deliberately suppressed vital facts before this Court and obtained the order. On the basis of this order, the respondents 1 to 4 are now trying to alienate the property in question which belongs to the petitioners herein. The respondent 1 to 4 have taken advantage of the similarity in name to create documents.

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3 . Considering the fact that the issue involved in this matter has to be gone into after hearing both the parties and also considering that the petitioners have made out a prima facie case for recalling the order, the above Miscellaneous Petition is allowed and the order passed by this Court in W.P.No.38447 of 2024 dated 03.01.2025 is recalled.

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04-04-2025

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shr

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WMP NO. 10012 of 2025

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