Govt is the largest litigant, says HC

CHENNAI, Nov 16: The pendency of cases during the last two years has revealed that the government is the largest litigant, sometimes filing `unnecessary and frivolous’ petitions, according to the Madras High Court.In matters where the government intended to file appeals, especially in land acquisition, it should be ascertained if it was worthwhile except in cases where the order for decree affected government policy or, if allowed to stand, would lead to heavy financial burden on the state exchequer, Justice P Sathasivam said.

Even in contested matters, if the government was one of the parties, the ruling was for settlement, the judge said while dismissing an appeal by the special tahsildar (land) against a 1976 order of a sub-judge fixing the value of land, earlier acquired by the state in connection with the atomic power project at Kalpakkam, more than that paid to the persons from whom the land was acquired.

The present appeal, pending since 1983, had forced the respondents to spend a lot of money. The court registry had also spent some amount for preparation of the pleas and documents besides the fee of Rs 500 per appeal paid by the state to its pleader, the judge observed. The appeal for a paltry sum of Rs 13.59 took 14 years to be disposed of.

Pulling up the government for wasting tax-payers money by filing such appeals, Justice Sathasivam said he was unable to accept the contention that every award in a batch of cases had to be challenged, irrespective of the value. He asked the state government to obtain `high level’ legal opinion .