Woman fined for false writ plea
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The Madras high court on Tuesday imposed a cost of Rs 25,000 on a woman for making false statement in her writ petition against a neighbour.
A division bench comprising Chief Justice M. Y. Eqbal and Justice T. S. Sivagnanam imposed the cost on P. Rajeshwari of Ashok Nagar while dismissing her petition, which sought a direction to the Chennai corporation to demolish the entire structure put up in Block 39 in Ashok Nagar Scheme (4 in 1), 11th Avenue, Chennai, by R. Anban and Yamunabai Anban.
In her petition, she contended that Anban and Yamunabai were constructing a hospital without getting due approval from competent authorities. They have also not got permission for converting the residential nature of the flat to a non-residential one.
However, in its counter, the CMDA submitted that the duo had obtained necessary permission from authorities concerned for the construction of a clinic-cum-residential building.
They have also not made any deviation except for a deviation to an extent of 378.90 sq.ft in the floor space index (FSI).
The bench said there were a catena of decisions of the Supreme Court wherein it was held that parties coming to court in writ jurisdiction must come with clean hands and without making false statements in the petition.
“We have found that in many cases, writ petitioners make statements, which upon subsequent inquiry are found to be not true to their knowledge, information or belief,” the bench added.
The bench said the petitioner’s claim was now proven to be false by the counter of the CMDA.
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