Justices M Sathyanarayanan and P Rajamanickam HC imposes Rs 15,000 on petitioner for hiding facts
HC imposes Rs 15,000 on petitioner for hiding facts
A person named Abbas had filed a petition before HC Madurai bench in 2017 urging a direction to Trichy corporation authorities to provide water connection to his house situated in Muslim Street at Periyapalayam, which he claimed was gifted to him by way of a registered gift deed. He said the connection was disconnected due to lapses of the previous occupants.
The single judge disposed of the plea by directing to provide the water connection after Abbas paid the entire arrears. Challenging the order, S Asak Basha filed the present appeal in 2018. Basha said through his counsel that Abbas had filed a suit before the Trichy district munsif court with regard to the ownership of the property and this was suppressed by Abbas while filing his petition in 2017.
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Hearing the appeal, a division bench of Justices M Sathyanarayanan and P Rajamanickam 
observed that the pendency of the civil suit may have a bearing on the request for water connection, but it was not disclosed by Abbas in his petition. Though Abbas in his writ petition claimed absolute ownership of the property, he cannot make such an averment until he gets declaratory relief in the pending suit. Hence, the judges allowed the appeal filed by Basha and set aside the order of a single judge.
Since Abbas had deliberately suppressed the finding of the suit and made the court to pass some orders in his favour, the judges imposed a cost of Rs 15,000 on him payable to additional registrar general (in-charge) / registrar (judicial) for purchasing necessary equipment for the court dispensary.
