Hyderabad: The Hyderabad High Court on Tuesday slapped Rs 1 lakh costs on a petitioner who had filed a PIL seeking to declare the action of the Telangana government in not declaring the properties belonging to late J Jayalalitha, former chief minister of Tamil Nadu, in the state as public properties as per the Succession Act as illegal.
Gareeb Guide, a voluntary organisation of the city represented by its president Ms. G. Bhargavi, moved the PIL stating that if an interstate has left no heir qualified to succeed his or her property in accordance with the provisions of Hindu Succession Act 1956, such property shall devolve on the government.
The petitioner brought to the notice of the court that Ms Jayalalitha had 14 acres agriculture land in Medchal village of Malkajgiri district and commercial complex in Srinagar area of Hyderabad. D. V. Rao, the counsel for the petitioner said Ms Jayalalitha died without writing any will and that she has no heirs.
A division bench comprising acting Chief Justice Ramesh Ranganathan and Justice A Shankar Narayana, while dealing with the PIL, asked the counsel what was the basis for his claims and how does he know that there was no will. The counsel replied that he was relying on media reports. When the bench questioned as to what happens to the kin of Jaya’s brother who are very much there in Tamil Nadu, the counsel replied that he was not aware of this fact.
The bench reminded the fact that she had a brother who died in a road accident was also carried by newspapers. The bench observed that “it is only a few days since the leader died and the petitioner is before us without verifying the facts at the ground level. This is a publicity orientation petition and not a public interest petition.”
When the bench decided to slap fine, the counsel started requesting the court to allow him to withdraw the plea or at least reduce the penalty amount. The bench did not relent. While indicating that he would approach Supreme Court, the counsel urged the bench to provide a copy of the order by the end of the day. The bench made it clear that he would get it in usual course of time. When again he counsel started insisting on his plea, the bench cautioned of contempt proceedings.
While expressing displeasure at the petitioner for filing the frivolous petition to waste the valuable time of the court, the bench awarded Rs 1 lakh costs and directed to pay within 4 weeks to the state government.
