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Madras High CourtWMP/10012/2025ordered

Palaniammal v. K.Sengottaiyan

2025-04-04Honourable Ms. Justice P.T. Asha3 pages

WMP NO. 10012 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA WMP NO. 10012 of 2025 IN WP NO. 38447 OF 2024 PALANIAMMAL D/o.Subbannagounder, No.15/18 Ramasamy Gounder Street, Seenivasapuram, Pooluvapatti, Coimbatore 641101. and 4 Others Petitioner(s) Vs K.Sengottaiyan and 6 Others Respondent(s) K.SENGOTTAIYAN Vs THE DISTRICT COLLECTOR WMP NO. 10012 of 2025 For Petitioner(s):

V.Anandhamoorthy S.Kousik S.Kuberan For Respondent(s):

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

For :

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

ORDER

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

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.

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. 04-04-2025 shr WMP NO. 10012 of 2025 To

1. K.Sengottaiyan

2. C.Palanichamy S/o.Chinnapoyan, No.110 Bharathidasan Veedhi, Athaani, Bhavani Taluk, Erode District 638501.

3. M.Saravanan S/o.Muthusamy, No.7 Kalyanasundaram Veedhi, Chennimalai Road, Kasipalayam, Erode 638009.

4. D.Nithyanandham S/o.Duraisamy, No.159 Rayapalayam Pudhur, Sithode, Bhavani Taluk, Erode District 638102.

5. The District Collector Coimbatore District, Coimbatore.

6. The Tahsildar Perur Taluk, Coimbatore District

7. The Zonal Deputy Tahsildar Perur Taluk, Coimbatore District

1. THE DISTRICT COLLECTOR