Monday, September 26, 2022

Madras High Court dismisses PIL seeking action against illegal activities on Government land

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The Madras High Court imposed a cost of Rs.10,000/- (Rupees ten thousand only) on the Petitioner and dismissed a Public Interest Litigation (PIL) which was filed seeking a direction on the respondents authorities to take action against the Private Respondent for his illegal activities and having disproportionate properties of the Government Poramboke land.

The PIL filed by one S.Viduthlaivalavan also made a prayer to cancel the Patta issued in favour of the alleged non-existing Temple, namely “Arulmigu Santhappar Swamy Temple”.

While considering the PIL the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala observed that the petitioner failed to refer the Patta sought to be cancelled in the prayer clause made in the Petition and thus, without filing a copy of the Patta to be cancelled, the Petition is presented and addressed.

It is with further allegation against the private respondent regarding the disproportionate properties without showing the list of properties and materials to show them to be disproportionate. It is more so, when the counsel for the petitioner himself has admitted that the private respondent is not a Government employee, further observed the Bench.

The learned Government Pleader appearing for the respondents authorities has produced a copy of the document to show the title of the land in question in the name of the Temple. It is pursuant to the Patta granted as per the provisions of law with consequential entry in the records.

In view of the facts given above, the Court found that the PILs. are filed without proper research and production of documents to see the correctness of the pleadings and especially the allegations made therein. The casual filing of the PILs is nothing but causing unnecessary burden on the Court to address such litigations at the cost of the litigation required to be addressed on merits and pending for long.

The High Court went on to observe the casual filing of the PILs. has to be deprecated and the case on hand is of such nature. The allegation of disproportionate properties against the private respondent has been made, without any materials and in the same way, the challenge to the Patta without filing of a copy of it and without giving the reason for challenge to the Patta.

Taking into consideration the over-all facts of the case, the High court does not find the challenge to the Patta issued in the name of the Temple can sustain without producing a copy of it and setting out the legal grounds for cancellation of the Patta. At the same time, the allegation against the private respondent regarding disproportionate properties, cannot be accepted by the Court , in the absence of the materials produced to prove the same.

“In view of the above, we do not find any substance in the present PIL. Accordingly, the present Writ Petition (PIL) is dismissed with costs of Rs.10,000/- (Rupees ten thousand only) to be deposited by the petitioner before the Tamil Nadu State Legal Services Authority, High Court Buildings, Chennai-600 104, within a period of two weeks from today. Consequently, W.M.P. is closed”, the order reads.

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