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MUNISHWAR NATH BHANDARI, N. MALA
P. Karl Marx – Appellant
Versus
Commissioner, Corporation of Chennai, Chennai – Respondent
JUDGMENT
(Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 and 2 to initiate action against the unauthorized/deviated constructions put up by the third respondent at Old No.9, New No.17, Oakland Apartment, Melony Road, T.Nagar, Chennai-600 017.)
Munishwar Nath Bhandari, CJ.
1. This public interest litigation has been filed to seek a direction on the first and second respondents to initiate action against the third respondent's unauthorizedly constructed commercial building.
2. The petitioner, a practising lawyer, filed this public interest litigation. During the course of argument, it is stated that his senior was having office in the same building in which now an allegation of its use for commercial purpose has been alleged. It is, further, with the statement that the petitioner's senior had vacated the premises almost 5 to 6 years back. The petitioner, appearing in person, stated that he is residing 6 to 7 kilometers away from the building in question, however, he has right to initiate this public interest litigation in view of the protection under Article 21 of the Constitution of India. Before filing t
The practice of filing public interest litigation by an advocate is not appreciated as per the decision in Dattaraj Nathuji Thaware v. State of Maharashtra, (2005) 1 SCC 590.
Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.
Public interest litigation is not applicable when targeting a specific property owned by an individual, and separate legal actions must be pursued for such disputes.
Lack of evidence, ground work, and public interest element in a public interest litigation may lead to the dismissal of the petition and imposition of costs on the petitioner.
Public interest litigation dismissed as abuse of process where filed with suppressed facts, private motives against developer, raising disputed plan compliances without genuine public interest.
Public Interest Litigation requires proper standing and evidence; a petitioner must join affected parties and cannot solely rely on hearsay.
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