The Madras High Court has dismissed a PIL with a cost of Rs 5,000 to the petitioner, while expressing concern over the platform of public interest litigation being misused for vindicating personal interest.
A Division Bench comprising Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy on February 10 said that they found no merit in the PIL, as it has been filed to espouse the cause of others in regard to a private dispute of land.
The Bench held that the petition does not come within the domain of public interest litigation, nor espouses any kind of public cause.
The PIL was filed by one E. Subramanian, sought direction to the official respondents to consider the representation of the petitioner dated July 7, 20021 and take necessary action as against the private individuals.
It further sought direction to secure the properties from the clutches of seventh and eighth respondents and utilise the same for communal establishment like establishing a Primary Health Center, Library and Funeral Yard to the villages within a time frame.
The Counsel prayed for withdrawal of the PIL, but the Bench clarified that even withdrawal of the petition would invite costs of Rs 5,000, otherwise the court would have decided the writ petition on merits with imposition of higher costs.
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The petitioner prayed for withdrawal of the writ petition.
Accepting the request made by the Counsel for the petitioner, the Court dismissed the PIL as withdrawn with costs assessed at Rs 5,000 to be paid by the petitioner to the Tamil Nadu State Legal Services Authority within four weeks from the date of receipt of a copy of this order.
The Registrar (Judicial), High Court, Madras is directed to ensure compliance of payment of costs within the stipulated time and if payment of costs is not made, “the disposed of writ petition may be listed again before this court to take appropriate proceedings in the matter,” read the order.