CHENNAI: Holding that a woman PIL petitioner has not come to the court with clean hands, the first bench of the Madras High Court has dismissed her writ petition to restore a building constructed unauthorisedly on a piece of land belonging to Integral Coach Factory (ICF) at Villivakkam.
“A writ may lie for enforcement of a constitutional right, a legal right or may be in certain cases even an equitable right. In this case, the petitioner, apparently, has no right at all to the relief claimed in the writ petition,” the bench said and dismissed the petition filed by Safitha Banu, last week.
The woman claimed that she had purchased the vacant land from one P Murugan through a registered sale deed dated May 31, 2010. And she had put up a three-storeyed building on the land. While so, the Chief Engineer, ICF, issued an eviction- cum-show cause notice (SCN) under the Public Premises (Eviction of Unauthorised Occupation) Act and called upon her to remove the building in October, 2014.
The bench pointed out that if the land in question belonged to ICF of Indian Railways, Murugesan could not have sold the same to the petitioner.