2016 Supreme(Mad) 2199
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
NOOTY. RAMAMOHANA RAO, S.S.SUNDAR, JJ.
A. Jothiramalingam - Petitioner
Vs.
The Executive Officer/Joint Commissioner, Department of Hindu Religious and Charitable Endowments - Respondent
Review Application (MD) Nos.21 to 25 of 2016, C.M.P (MD) Nos.7766 to 7774 of 2016
Decided On : 22-07-2016
For the Appellant : Mr. Veera Kathiravan Senior Counsel for M/s. C.Jeganathan
For the Respondent: Mr. K.Govindarajan
The court emphasized the importance of approaching the Writ Court with clean hands and putting forward all the facts without concealment and suppression. The dismissal of the review petitions was based on the petitioners' suppression of material facts and events.
Headnote:
Review Applications - Writ Petition - G.O.Ms.No.3324, Article 300A of the Constitution of India - [G.O.Ms.No.3324, Article 300A of the Constitution of India] - The court discussed the G.O.Ms.No.3324, dated 31.08.1974, and its applicability to the property in question, as well as the petitioners' claim under Article 300A of the Constitution of India. The court found that the petitioners suppressed material facts and events, leading to the dismissal of the review petitions.
Fact of the Case:
The petitioners filed Writ Petitions seeking protection from eviction of their shops, claiming possession and enjoyment of the property. The court found that the petitioners suppressed material facts and events, particularly prior proceedings, which had a direct bearing on the result of the Writ Petitions.
Finding of the Court:
The court found that the petitioners suppressed material facts and events, leading to the dismissal of the review petitions.
Issues: Suppression of material facts and events by the petitioners, applicability of G.O.Ms.No.3324, and the petitioners' claim under Article 300A of the Constitution of India.
Ratio Decidendi: The court dismissed the review petitions due to the petitioners' suppression of material facts and events, and found that the G.O.Ms.No.3324, dated 31.08.1974, was not applicable to the property in question. The court also noted that the petitioners' claim under Article 300A of the Constitution of India was not justified.
Final Decision: The Review Petitions were dismissed, and the connected civil miscellaneous petitions were closed.
These Review Applications are filed by the Writ Petitioner in W.P.(MD)Nos.21429 to 21433 of 2015 challenging the final order passed by this Court on 15.04.2016.
2. Since several grounds are raised relating to mistake of fact and error apparent in the previous judgment of this Court with reference to the findings recorded by this Court, we proceed to deal with these cases, after narrating the facts and events with reference to the documents filed before us so as to consider the points raised herein effectively.
3. The petitioners have filed W.P.(MD)No.21429 to 21433 of 2015 for issuing writ of mandamus, forbearing the respondents herein from evicting the petitioners from their shops situated in Survey No.878/1 and other subdivisions of S.No.878. The facts disclosed in the affidavit filed in support of the writ petitions has to be briefly summarised as under:
3.1. All the petitioners have constructed shops and are running business. All the shops are located in West Rathaveethi (Giri Veethi), Adivaram, near Palani Temple. It is the case of the petitioners that the Tahsildar, Palani, has issued patta in respect of the property either in the name of the petitioner or the head of their family for the same extent for which they are in physical enjoyment and that they are paying taxes, after getting patta.
3.2. It is the further case of the petitioners that the respondent herein is making hectic efforts to dispossess and evict the petitioners from their property under the guise of G.O.Ms.No.3324, dated 31.08.1974, which is not applicable so far as the property of petitioners is concerned, in the sense that, the subject matter of the writ petitions is not covered by the said Government Order.
3.3. The petitioners who claimed to be in continuous possession and enjoyment of their respective shops, contended that the respondent has no right title or interest over the property concerned. Since the respondent is taking emergent steps to evict the petitioners forcibly and illegally from their own property, the petitioners allege that they have come to this Court, to get their possession protected as envisaged under Article 300A of the Constitution of India. It is pertinent to point out that the petitioners have not mentioned any other proceedings or events in their affidavit relating to the properties which are the subject matter in all the writ petitions.
4. Strangely the petitioners have produced before this Court voluminous records after the disposal of the Writ Petitions. Upon perusing the documents, now filed before us, we find that the petitioners have suppressed material facts and events particularly prior proceedings which have a direct bearing to the result of the Writ Petitions.
5. Since this Court in the earlier order dated 15.04.2016, have referred to several documents and judgments in prior proceedings, we find it necessary to narrate the events in chronological order.
6. The Government of Tamil Nadu appears to have issued G.O.Ms.No.3324, dated 31.08.1974 directing that the lands covered by and margin of Giriveethi Road, as detailed in the order, be placed at the disposal of Sri Dhandayuthapani Swami Devasthanam, Palani, free of land value. Out of several survey numbers given in the said Government Order, the property comprised in Survey No.878 was not included but property in S.No.877 is found. It can be seen that the Devasthanam was directed to remove the encroachments by persons who are in enjoyment of the same by putting up shops or by other methods. There was also a direction to the Devasthanam not to lease out the property to the persons who have encroached the land and not to use the land for any remunerative purposes. Hence, it can be noticed that the Devasthanam was directed to bring the entire Giri Veethi Road and Giri Veethi Margin for the convenience of public.
7. Pursuant to G.O.Ms.No.3324, dated 31.08.1974, assigning the lands in respect of Giri Veethi Road and Giri Veethi Road Margin, there appears to be an actio