Rs 25,000 cost imposed on petitioner for false allegations

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsThe Madras High Court has imposed a cost of Rs 25,000 on P Rajeshwari of Ashok Nagar for filing a public interest writ petition with false allegations against a neighbour.The cost was imposed to curtail the practice of malicious filing of PILs, the first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said on August 6. The bench was dismissing a petition from Rajeshwari praying for a direction to the Chennai Corporation Commissioner to demolish the entire structure put up in Block 39 in Ashok Nagar Scheme (4 in 1) on 11th Avenue by R Anban and Yamunabhai Anban. The woman contended that Anban was constructing a hospital in the residential area without permission from the competent authorities.However, in its counter, the CMDA submitted that the couple had obtained necessary permission from the authorities concerned for construction of a clinic-cum-residence in Block No 39, in March this year. They had also not made any deviation from the original plan except a small portion measuring 379 sq ft in the floor space index.Dismissing the petition, the bench observed that there were a catena of decisions by the Supreme Court stating that the parties coming to the court under writ jurisdiction must come with clean hands and without making false statements in the petition. Thus conduct of persons filing writ petitions by making false allegations needed to be checked.The petitioner, without any responsibility, had stated that the duo was making construction without necessary approval. This statement was now proved to be false by the CMDA after due inspection and enquiry, the bench pointed out, and imposed the cost.first published:January 01, 1970, 05:30 ISTlast updated:January 01, 1970, 05:30 IST
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The Madras High Court has imposed a cost of Rs 25,000 on P Rajeshwari of Ashok Nagar for filing a public interest writ petition with false allegations against a neighbour.

The cost was imposed to curtail the practice of malicious filing of PILs, the first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said on August 6. The bench was dismissing a petition from Rajeshwari praying for a direction to the Chennai Corporation Commissioner to demolish the entire structure put up in Block 39 in Ashok Nagar Scheme (4 in 1) on 11th Avenue by R Anban and Yamunabhai Anban. The woman contended that Anban was constructing a hospital in the residential area without permission from the competent authorities.

However, in its counter, the CMDA submitted that the couple had obtained necessary permission from the authorities concerned for construction of a clinic-cum-residence in Block No 39, in March this year. They had also not made any deviation from the original plan except a small portion measuring 379 sq ft in the floor space index.

Dismissing the petition, the bench observed that there were a catena of decisions by the Supreme Court stating that the parties coming to the court under writ jurisdiction must come with clean hands and without making false statements in the petition. Thus conduct of persons filing writ petitions by making false allegations needed to be checked.

The petitioner, without any responsibility, had stated that the duo was making construction without necessary approval. This statement was now proved to be false by the CMDA after due inspection and enquiry, the bench pointed out, and imposed the cost.