The Madras High Court Bench here has come down heavily on a litigant for filing a public interest litigation (PIL) petition seeking a direction to Madurai Collector and Corporation Commissioner to measure the length and breadth of East Vaidyanathapuram fifth street at Aalamaram here to find out the extent of encroachment on the public pathway.
Holding that the averments in the affidavit filed by the petitioner, Vanchikodi, do not fall under the ambit of PIL, a Division Bench of Justices S. Manikumar and C.T. Selvam lamented incessant misuse of the extraordinary jurisdiction of the High Court despite several judgements passed by the Supreme Court having laid down the norms for filing such cases.
“Public interest litigations are very useful in redressing grievances of people. But, unfortunately, lately, it has been abused. Administration of justice should not be for publicity, private or political interest litigations. There must be real public interest. Courts of Justice should not be allowed to be used by unscrupulous litigants under this extraordinary jurisdiction,” the judges said.
They also pointed out that the Supreme Court had cautioned High Courts against encroaching upon the sphere, reserved by the Constitution, to the Executive and the Legislature in the guise of redressing public grievance besides directing them to ensure that PIL petitions were aimed at redressing genuine public harm or injury sans any personal gain, private interest or oblique motive.
