Madras high court imposes Rs 10,000 as costs on PIL for suppressing certain facts

Chennai:The Madras high court has dismissed as withdrawn, a Public Interest Litigation, which sought to restrain the authorities from cutting or felling trees in Sivagangai district.

A division bench comprising Justices M.Sathyanarayanan and B.Pugalendhi dismissed the PIL filed by Kangani and imposed a cost of Rs 10,000 on him for suppressing certain facts.

The bench said when the PIL was heard on June 11, 2019 it was brought to the knowledge of this court by the Special Government Pleader that the petitioner himself was one of the participants in the auction for cutting and removal of Karuvelam trees (Prosopis Juliflora) and suppressing the said material fact, he has filed the present petition, styled as public interest litigation and at that juncture counsel appearing for the petitioner prayed for short accommodation to get instructions and accordingly the matter was directed to be called on June 18. When the matter was taken up on June 18, counsel for the petitioner sought permission of this court to withdraw this petition, the bench added.

The bench said, “It is to be noted at this juncture, the Registry of this court has taken sometime to number this matter and this court has also spent considerable time for hearing the matter, while the petitioner admittedly has suppressed material facts about his participation in the said tender process and therefore, for the said act of the petitioner, he has to be imposed with costs, though the petitioner expresses his intention to withdraw the petition, for which an endorsement has been made by the counsel for the petitioner.

In the light of the endorsement made, this petition is dismissed as withdrawn. However, a cost of Rs 10,000 is imposed on the petitioner, which shall be payable to Anbagam, Madurai on or before July 1”.