MADURAI: The Madurai Bench of the Madras High Court recently imposed Rs 10,000 cost on a litigant for filing a Public Interest Litigation (PIL) petition for personal gain by projecting a private land dispute as an encroachment case involving a public road.
The litigant, Usha Maheswari, had filed the PIL alleging encroachment of a public road in Madurai city by two persons — Rajendran and R Varatharajaperumal.
She claimed that the duo was trying to fence the road and blocking access to it. However, during the hearing, it came to light that the trio had a land dispute and civil suits, including one filed by the petitioner, were pending in connection with it.
Criticising this, a bench comprising Justices MS Ramesh and AD Maria Clete asked how the petition could be termed as a PIL. "Apart from a stray sentence that the property, which is a road, is being used by herself and other residents, the entire affidavit running to about six pages only speaks about the civil dispute between the petitioner and the two individuals. An appraisal of the statements made therein reveals that the petition, which is styled as a PIL, is nothing but a camouflage to foster personal dispute," the judges observed and dismissed the petition.
Pointing out that Maheswari herself has given an undertaking in her affidavit that she is ready to pay cost if it is found that she has filed the PIL for personal motive, the judges imposed Rs 10,000 cost on Maheswari, directing her to pay the amount to Periyakulam district siddha medical officer.