Third party PIL is not maintainable: Madras high court

Chennai: Pointing out that Public Interest Litigation at the instance of a third party to a civil dispute is not maintainable, the Madras high court has dismissed with cost, a PIL, which sought a direction to the authorities to withdraw the permission granted for running the Good Shepherd Matriculation School in Ayappakam village, Chennai.

A division bench comprising Justices S.Manikumar and Subramonium Prasad dismissed the PIL filed by S.B.Gandhi and imposed a cost of Rs 5,000 to be paid by the petitioner to Juvenile Justice Fund, Director of Social Defence, Ministry of Social Welfare, Government of Tamil Nadu.

The bench said claiming himself to be a public interest litigant, petitioner has sought a direction to the authorities to take action on the representation submitted by one A.P.Venkatesan, to withdraw the permission granted by the Director of Matriculation School to Good Shepherd Matriculation School, run by JS Educational Trust. The material on record disclosed that there was a civil dispute between Venkatesan and Jeba Singh, stated to be running the school and it was pending. While so, Venkatesan sent a representation to the authorities stating that since the school was lacking basic amenities, the permission granted to run the school should be withdrawn.

When the representation has not been answered, petitioner has filed the present petition on the ground that Venkatesan was aged 90 years having health problem and his wife aged about 70 years having knee problem and therefore, Venkatesan has requested the petitioner to take necessary legal action in the matter and hence, he has filed the present PIL, the ench added.

Citing several judgments of the Supreme court dealing with PIL, the bench said it was a pure inter se civil dispute between two parties Venkatesan and others versus Jeba Singh. Venkatesan, who has been litigating in civil court has instructed the petitioner to file a case, to vindicate his cause. Petitioner cannot be said to be a public interest litigant and he was espousing only the cause of Venkatesan. There cannot be any power of attorney in public interest litigant. PIL at the instance of a third party to a civil dispute was not maintainable. The PIL was vexatious and liable to be dismissed with cost, the bench added and dismissed the petition.