High Court frowns upon frivolous petitions

The Madurai Bench of the Madras High Court slapped a cost of ₹1.5 lakh on a petitioner for filing frivolous petitions seeking to declare the orders issued by the government pertaining to COVID-19 restrictions unconstitutional, null and void.

The petitioner, M. Thavamani, also sought monetary compensation of ₹5 lakh. He said the lockdown had not only crippled his fundamental right, but also crippled his income. The petitions were dismissed as not maintainable.

The petitioner had claimed that COVID-19 virus and its variants were not deadly diseases, but curable in ordinary course, if the Health Department was vigilant and gave proper health care to the public. Instead, the government passed the orders, he said.

A Division Bench of Justices S. Vaidyanathan and G. Jayachandran observed that the court firmly believed that the attitude of persons like the petitioner was detrimental to the selfless service rendered by doctors, health workers and other COVID-19 warriors who lost their lives while treating the patients.

“Unless busybody like the petitioners were punished for their senseless activity and approaching the court with frivolous petitions, this court fears that the sacrifice of the selfless people will go in vain,” the judges said.

The court took note of the fact that the Registry had rightly found the petitions were not maintainable and returned them thrice. However, the petitioner who appeared party-in-person was not convinced and insisted on the hearing.

The judges after being satisfied that he was a busybody who came to the court only for the sake of publicity warned him that he cannot waste the court’s time by filing such frivolous petitions.

Despite that, repeatedly he made submissions which were opposed to common sense. Mocking the sincere efforts taken by the State to curb the pandemic, he was condemning the preventive measures taken by the Centre and the State to curtail the spread of the pandemic, the judges observed.

The court directed the petitioner to pay the cost of ₹1.5 lakh to the credit of the COVID-19 ward at Government Rajaji Hospital, Madurai, within 15 days. If he failed to pay the cost within the given time, Madurai Collector is authorised to recover the same under the Revenue Recovery Act, 1890, the judges said.

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Printable version | Jan 29, 2022 6:38:03 PM |

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