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Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation

Upasana Sajeev
12 May 2022 10:02 AM GMT
Madras High Court Directs Lawyer To Deposit 25000 As Exemplary Cost For Frivolous Litigation

The Madras High Court recently directed a lawyer, appearing for the petitioner to deposit Rs. 25,000 as exemplary costs in favour of the Bar Council of Tamil Nadu and Puducherry finding that the petitioner had come to the court with unclean hands merely to abuse the judicial process of law.

Justice P. Velmurugan made the above orders after observing that the petitioner had submitted the representation to the authorities on 22.04.2022 and had approached the court on the same day without giving the authorities sufficient time and opportunity to consider his application.

"Considering the fact that the representation was submitted only on the date of filing of this writ petition and also considering the fact that the respondent police was not given sufficient time to make preliminary enquiry and apply their mind and give appropriate response to the representation. This court is not inclined to allow this petition."

The petitioner had sought a writ of mandamus directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Anangur Village, Arulmigu Sree Mariamman Temple Festival at Paramathi Velur Taluk, Namakkal District on 11.05.2022 between 06.00 p.m to 11.00 p.m. by considering the petitioner's representation dated 22.04.2022

Case Title: S. Mohankumar v. The Inspector of Police
Case No: W.P No. 12185 of 2022
Citation: 2022 LiveLaw (Mad) 210
Counsel for Petitioner: Ms. V Gayathri
Counsel for Respondent: Mr. R. Muthu, Government Advocate (Criminal Side)

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