MADURAI: The Madurai Bench of Madras High Court recently imposed Rs 15,000 cost on a litigant for filing a ‘vexatious’ petition seeking to restore a portion of his property which was demolished by the state highways department as it was encroaching highways land.
A bench of justices SM Subramaniam and AD Maria Clete observed that the petitioner, Kamaraj, has moved the court even though the surveyor clearly stated in his report that the petitioner has put up an unauthorized construction by encroaching highways land in Kariapatti, adjacent to Madurai-Thoothukudi NH.
The bench noted that Kamaraj had previously moved the court for the same dispute and upon finding that his property was demolished by the authorities without issuing a show cause notice, the court had imposed Rs 10,000 cost on the highways department, adding that if it is found that there is no encroachment, the authorities should restore the construction and also pay Rs 1,00,000 to Kamaraj.
The judges observed that despite having knowledge of the survey report, the petitioner has moved the court with an intention to make the authorities restore his demolished property and claim Rs 1,00,000 from them. Calling it a vexatious litigation, the judges imposed Rs 15,000 on Kamaraj and directed him to pay the amount to the assistant divisional engineer of highways, Aruppukkottai within 10 days.