The Court proceeded to conclude that the 1993 writ petition could not have been validly instituted in the name of a deceased person. It also noted that Mariyappa’s death was not candidly disclosed even in later proceedings.
An affidavit filed by Mariyappa’s daughter, Sumalamma, before the Land Tribunal merely stated that he had died “long ago” without specifying the date of death, the Court recorded.
The Court said this showed that the legal representatives had continued the proceedings without making a full and candid disclosure of material facts.
“Having approached this Court with unclean hands, the petitioners are not entitled to seek equitable relief under Article 226 of the Constitution of India,” the Court observed.