Suppression of material facts and playing fraud on the court can lead to the setting aside of an order and dismissal of a writ petition.

JUDGMENT

(Prayer: Review Application filed under Order 47 Rule 1, 2 r/w Section 114 of C.P.C. to set aside the order passed by this Court in WP(MD)No.1188 of 2022, dated 25.01.2022 and to allow the review application.)

1. The Review Application has been filed seeking revisitation of the order in WP(MD)No.1188 of 2022, dated 25.01.2022.

2. The petitioner herein is a third party to the said writ petition. Originally, the petitioner in WP(MD)No.1188 of 2022 had filed WP(MD)No. 503 of 2022, wherein the cause title was Periyasamy Vs The District Collector, Virudhunagar District, Virudhunagar and three others. That writ petition came up for admission on 12.01.2022 and the following order was passed.

“The learned counsel for the petitioner stated that he would file a writ petition by incorporating the correct name in the cause title.

2. Necessary permission is granted. The present writ petition is dismissed as withdrawn, however with liberty to file a writ petition giving the correct cause title and after sending a representation in the name of the Temple. No costs.”

3. Thereafter, the said petitioner had filed WP(MD)No.1188 of 2022. The cause title in the said writ petition was Periyasamy, Managing Trustee of “Bathirakaliamman Mariamman Religious and Charitable Trust Vs The District Collector, Virudhunagar District, Virudhunagar and three others. That writ petition had been filed for a mandamus, seeking a direction against the second and third respondents/The Tahsildar, Taluk Office, Sivakasi, Virudhunagar District and the Commissioner, Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District to survey the petitioner “Bathirakaliamman Mariamman Religious and Charitable Trust” temple property bearing re-survey No.628/1, measuring 133 acres and 12 cents, at Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District. This Court had passed the following order.

“4. The petitioner may make necessary application through online seeking necessary relief to survey the property and he must also pay n ecessary charges, as is determined by the second and third respondents. On receipt of such online application and on payment of necessary charges, the second and third respondents may issue notice to the petitioner, issue notice to anybody else, who is in occupation of the aforesaid land, examine the documents of the petitioner, examine the documents of anybody else who is in occupation and thereafter, take a decision to measure the lands. If a decision is taken not to measure the lands, necessary reasons may be given in writing. At any rate, the entire exercise should be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order / receipt of copy of the application from the petitioner / payment of necessary charges by the petitioner.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs

4. The present review application was then filed. Originally WMP(MD)No.3647 of 2022 was filed seeking leave of this Court to file the review application. In the affidavit filed in support of the application, it had been stated as follows:

3. I respectfully submit that the writ petitioner has no locos standi to file the present writ petition. He filed writ petition as if he is the Managing Trustee of “Bathirakaliarnman -Mariamman Religious and Charitable Trust", and he indirectly claiming title over the property in S.No.628/1, situated at Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District. He has not submitted any documents before this Honlole Court to prove that the land S.No.628/1, situated at Sivakasi Municipal Corporation, Sivakasi, Virudhunagar District, belongs to his Trust. In fact, as admitted by the 1st respondent herein, the writ petitioner''s religious trust was constituted on 14.10.2011.

4. I respectfully submit that after constituting his trust, he