CHENNAI: The Madras High Court has observed that the PIL petitions cannot be filed without undeniable infringement of statutory rules and without substantial materials. The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan made the observation recently while dismissing a PIL filed by A Viswanathan of Alwarpet in Chennai against construction of a new bus stand near the Ulagalanda Perumal temple at Thirukovilur in Kallakurichi district.
It said the PIL was filed driven by purely individual impressions or photographs, without establishing the foundational legal violations. Photographs or bare assertions by a petitioner cannot form the basis for this court to entertain a PIL or stall developmental work. “PILs cannot be reduced to platforms where citizens question municipal planning without showcasing a clear, undeniable infringement or statutory rules,” it said.
Barring production of photographs, the petitioner has not placed on record an iota of material to substantiate his plea that the bus stand is being constructed within the prohibited area as contemplated under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bench said.
It is for the municipal administration and executive bodies to evaluate public utility, traffic congestion, urban growth and accessibility. Courts do not sit in appeal over logical wisdom of administrative decisions or planning routes unless there is patent illegality or malafides neither of which has been established here, the bench said while dismissing the PIL.