The Hindu : Tamil Nadu / Chennai News : Costs imposed on petitioner for fraud

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Wednesday, Apr 20, 2011
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Tamil Nadu

Tamil Nadu - Chennai

Costs imposed on petitioner for fraud

Special Correspondent

CHENNAI: While recalling a January 2011 order granting interim custody of a vehicle to a person implicated in a case, the Madras High Court has imposed costs of Rs.20,000 on him for playing fraud on the court.

In his order, Justice K.N. Basha said that Saravanan should make the payment within two weeks in favour of Nethrodaya, Mogappair West, an organisation for protecting the interests of differently-abled.

If he failed to pay the costs in time, Judicial Magistrate II, Kancheepuram, should initiate steps to recover the amount and pay it to the organisation.

Saravanan was implicated in a prohibition case registered by Magaral police station in Kancheepuram district and his car seized.

He preferred a petition before the magistrate seeking interim custody of the vehicle claiming that he was the owner. The magistrate dismissed the plea.

Challenging the order, Saravanan preferred the present revision petition. By an order dated January 6 this year, the High Court ordered interim custody of the vehicle to the petitioner holding that pendency of confiscation proceedings was not a bar for granting custody of the vehicle by imposing conditions.

After passing the order, the court received a report from Judicial Magistrate II, Kancheepuram, stating that the petitioner had filed two revision petitions earlier challenging the same impugned order.

Fact suppressed

Suppressing the dismissal of the two petitions, the petitioner had preferred the present revision.

When the matter came up in view of the magistrate's report, Mr. Justice Basha held that the petitioner, by playing fraud, had obtained the order and, as such, it was vitiated. The order could not be held legal, valid or in consonance with the law. He recalled the order and imposed costs on the petitioner.

The court placed on record the commendable and prompt action taken by the magistrate in sending the report. The magistrate deserved all appreciation, Mr. Justice Basha said.

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