SMT MEENAKSHI V J v. THE CITY MUNICIPAL CORPORATION
WP/15725/2025 · 2025-06-18
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25796 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25796 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20960 WP No. 15725 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15725 OF 2025 (LB-RES) BETWEEN:
SMT.MEENAKSHI V.J W/O SRI. PUTTASWAMY, AGE 52 YEARS, O/AT CITY MUNICIPAL CORPORATION MANDYA, WARD NO. 15, MANDYA – 571 434. PRESIDENT OF CITY MUNICIPAL CORPORATION MANDYA. …PETITIONER (BY SRI. RAVINDRA PRASAD.B, ADVOCATE)
AND:
1. THE CITY MUNICIPAL CORPORATION NEAR DC OFFICE, BENGALURU MYSURU ROAD, MANDYA – 572 434. REP BY ITS COMMISSIONER. 2. THE DEPUTY COMMISSIONER MANDYA O/AT COURT PREMISES, M.C.ROAD, MANDYA DISTRICT -571 401. 3. THE PLANNING DIRECTOR, DISTRICT DEVELOPMENT CELL, MANDYA-571434. REP BY ITS COMMISSIONER, …RESPONDENTS (BY SRI.H.K.KENHEGOWDA, AGA FOR RESPONDENTS)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:20960 WP No. 15725 of 2025
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TOISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE ACTION TO STOP THE CONSTRUCTION OF COMMUNITY HALL IN THE PARK PID NO.15-2-524-211 AND 15-2-546-142 OF WARD NO.15, SITUATED AT KUVEMPU NAGAR, MANDYA AND CONSEQUENTLY RESTORE THE PARK TO ITS ORIGINAL STATUS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Upon a comprehensive examination of the relief sought in the present writ petition, it becomes apparent that the petitioner is not personally or directly aggrieved by the alleged action of the respondents in utilizing the civic amenities site for the construction of a community hall. The grievance raised is, at best, in the nature of a public interest claim. The petitioner contends that the civic amenities site is being diverted at the behest of certain vested interests. However, such a generalized and unsubstantiated allegation, without any demonstrable infringement of legal or constitutional rights, is insufficient to sustain a writ petition under Article 226 of the
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HC-KAR NC: 2025:KHC:20960 WP No. 15725 of 2025
Constitution. Further, in the instant case, serious doubts arise regarding the bona fides and credentials of the petitioner. This Court finds no indication of any genuine public interest involved in the present proceedings.
Mere allegations of deviation from building bye-laws or procedural irregularities cannot be agitated under the guise of public interest litigation, particularly when raised by an individual claiming to be a News Editor without disclosing any material to establish locus or public mandate. 2. The grievance is not rooted in any personal right or legal injury suffered by the petitioner. It is well settled that where the issues raised pertain to a general public interest, the appropriate remedy is by way of a properly instituted Public Interest Litigation. The petitioner, however, has approached this Court by filing a regular writ petition under Article 226 of the Constitution without adhering to the principle safeguards governing Public Interest Litigations. - 4 -
HC-KAR NC: 2025:KHC:20960 WP No. 15725 of 2025
3. The Hon’ble Supreme Court has time and again emphasized that while Courts are duty-bound to protect public interest, such cause must be espoused through a genuine and properly constituted Public Interest Litigation, supported by bona fides and concrete materials. Entertaining a writ petition in the guise of public interest, without satisfying these parameters, would amount to bypassing well-established procedural safeguards and open the doors for indiscriminate litigation. 4. This Court is, therefore, of the considered opinion that the present writ petition, which seeks to espouse a public cause and raises issues that are in the nature of public interest, is not maintainable in its present form. The petitioner, if so advised, is at liberty to initiate appropriate proceedings by filing a Public Interest Litigation in accordance with law and upon compliance with the procedural requirements stipulated for such actions. - 5 -
HC-KAR NC: 2025:KHC:20960 WP No. 15725 of 2025
In view of the above, the writ petition stands dismissed as not maintainable. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 14