A failure to disclose material facts in a writ petition justifies recall of the order based on the principle of clean hands.

ORDER

The review application has been filed by the fourth respondent in the writ petition to review the order passed by this Court in W.P.No.25768 of 2025 dated

16.07.2025.

2. Heard the learned Senior Counsel appearing on behalf of the review applicant, the learned counsel appearing on behalf of the first respondent and the learned Government Advocate appearing on behalf of the second and third respondents.

3. The first respondent/writ petitioner filed the writ petition seeking for a mandamus to the District Collector, Coimbatore to initiate proceedings under the Revenue Recovery Act, based on the order passed by the Tamil Nadu Real Estate Regulatory Authority in E.P.No.32 of 2022 in C.C.P.No.32 of 2021 dated

27.07.2022.

4. When the writ petition came up for admission on 16.07.2025, this Court heard the learned counsel for the writ petitioner and the learned Special Government Pleader, who appeared for the official respondents and went through the averments made in the affidavit filed in support of the writ petition and also the documents that were relied upon by the petitioner. On finding that it was a straight forward case of trying to execute the order passed by the Tamil Nadu Real Estate Regulatory Authority, this Court issued a mandamus directing the District Collector to proceed further with the representation made by the petition and take necessary action under the Revenue Recovery Act. This Court also fixed the time frame of three months from the date of receipt of copy of the order to complete the process.

5. The review application has been filed by the review applicant/fourth respondent mainly on the ground that the property that is now sought to be attached and sold is a property situated at Coimbatore, which is the subject matter before the Apex Court in the Sahara India Real Estate Corporation Limited case.

6. The learned Senior Counsel appearing on behalf of the review applicant submitted that initially the Apex Court, by an order dated 21.11.2013, restrained the Sahara company from dealing with any of the movable or immovable properties until further orders are passed. Subsequently, by an order dated 11.07.2016, the earlier order was modified and for better appreciation, the relevant portions are extracted hereunder:-

“At this stage Mr.Ratnakar Das, learned senior counsel for the applicant in I.As.No.190-191 of 2016 points out that one of the properties which the Saharas owns is situate at Coimbatore and has been developed in the name and style of Sahara City Homes. He submits that the applicants have purchased flats in the said developed area which spreads over a total extent of 12.28 acres out of a total area of 112.14 acres owned by Saharas. He submits that the permission granted by this Court should not jeopardize the interest of the applicants in the said developed colony. We accordingly make it clear that this permission shall not authorise the sale of 12.28 acres of land developed in the name and style of Sahara City Homes at Coimbatore. We however direct that the Saharas shall keep SEBI informed about the transactions entered into by them and the terms on which the same have been made.”

7. The matter was once again listed for hearing before the Apex Court on

08.01.2025 and the Apex Court passed the following order:- “Learned counsel appearing for the parties are permitted to explore possibility of settlement through Mediation. The parties will approach the coordinator of the Supreme Court Mediation Centre for appointment of a Mediator. However, the mediation settlement, if arrived at, shall remain a proposal till accepted by this Court.

M/s.Vaagai Commercial Ventures LLP can also participate in the mediation proceedings.

The settlement, if