S.Srinivasan v. C.Manikandan

W.M.P.Nos.21942 and 21947 of 2024 in C.SARAVANAN, J.

W.M.P.No.21942 of 2024 has been filed by the petitioners / respondents 4 and 5 to recall the order passed by this Court dated 24.05.2024 in the Writ Petition.

2. The petitioners / respondents 4 and 5 have also filed W.M.P.No.21947 of 2024 to suspend the order passed by this Court dated 24.05.2024, pending disposal of W.M.P.No.21942 of 2024.

3. During the summer vacation, at the time of admission itself, this Court vide order dated 24.05.2024 disposed of the Writ Petition recording the submissions of the learned Government Advocate (Criminal side) that suitable directions will be given for Police Protection.

4. Now, the respondents 4 and 5 in the Writ Petition has filed the present Miscellaneous Petitions, as there is a material suppression of fact. Page No. 1 of 3

5. It is noticed that the Writ Petitioner is claiming title over the property based on the alleged sale deed executed by the third respondent, who himself has filed a Suit in O.S.No.1279 of 2004 before the 3rd Additional District Munsif Court, Kallakurichi, and the same was dismissed by judgment and decree dated 08.09.2014.

6. Since the order was secured by the petitioner by suppressing material facts before this Court, this Court is inclined to recall the order dated 24.05.2024 passed in W.P.No.14035 of 2024. Accordingly, the order passed by this Court dated 24.05.2024 in the Writ Petition is hereby recalled and W.M.P.No.21942 of 2024 is allowed. Consequently, W.M.P.No.21947 of 2024 is closed. Registry is directed to restore the Writ Petition on file.

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C.SARAVANAN, J.

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