Cost imposed for suppression of facts

CHENNAI: Kesavan of Thandava Vinayagar temple, who had been putting up unauthorised constructions on the road margin of Sivan Koil North Mada St in Villivakkam under the guise of temple renovation, was slapped with a cost of Rs 25,000 for filing a writ petition suppressing material facts.The cost amount should be given to K Dasarathan, a resident of the same street, within four weeks, a division bench comprising Justice Elipe Dharma Rao and Justice D Hariparanthaman said. Originally, Dasarathan filed a writ petition and a division bench on September 10, 2009 directed the Chennai Corporation to proceed with the stop work notice against Kesavan. Subsequently, Dasarathan filed a contempt application seeking to punish the former Commissioner of Corporation and others on the ground that they had not complied with the Sept, 2009 order.Meanwhile, Kesavan filed a writ petition for quashing the order dated Sept 8, 2009 of the Chennai Corporation, by which he was directed to remove the encroachment and unauthorised constructions. He, however, did not mention about the pendency of Dasarathan’s contempt application.Dismissing Kesavan’s writ petition, the bench observed that various orders had been passed by the court and based on which the Corporation issued the notice on September 8, 2009. Suppressing the pendency of Dasarathan’s contempt petition, Kesavan had filed the present writ petition. He claimed that his application for planning permission was pending with the Corporation.