The Madras High Court recently imposed a fine of ₹50,000 on a litigant for arguing his case “parallelly” despite having engaged a counsel and for filing a personal interest litigation disguised as a Public Interest Litigation (PIL).
In an order passed on August 5, a bench of Acting Chief Justice D. Krishnakumar and Justice P.B. Balaji dismissed the PIL filed by Kannan Swaminathan, who had alleged misconduct and corruption in the Tamil Nadu Water Supply and Drainage Board (TNWSDB) and sought an inquiry by a Special Investigation Team.
However, the TNWSDB filed a counter affidavit stating that Swaminathan was the brother of a contractor registered with the Board who was upset over his recent disqualification from participating in a tender issued by the Board.
The Court noted that Swaminathan had suppressed this information and failed to establish his bona fides. Despite having a counsel, Swaminathan repeatedly interrupted the proceedings and attempted to argue personally via video conference while his counsel was present in the courtroom.
“When the matter was taken up today, the petitioner, despite engaging a counsel, interfered with the court proceedings by arguing alongside his counsel, in spite of repeated warnings given by us,” the Court observed.
Upon reviewing the preliminary objections filed by the Board, the Court concluded that Swaminathan had not filed the writ petition in public interest, despite labeling it as a PIL.
“The petitioner, under the guise of this Public Interest Litigation, is pursuing his grievance over the non-awarding of a contract to his brother,” the High Court stated.
Given that the petition lacked any public interest and in light of Swaminathan’s disruptive behavior during the proceedings, the Court ordered the dismissal of the writ petition with a cost of ₹50,000.
The Court directed Swaminathan to pay the costs to the Tamil Nadu State Legal Services Authority.
Advocate Thamizhanban represented Swaminathan, while Additional Public Prosecutor R. Muniyapparaj and Government Advocate Kishore Kumar represented the Tamil Nadu government. Advocate S. Mekhala appeared for the TNWSDB.
