Viswanathan v. The Secretary to Government

ORDER (Order of the Court was made by the Hon'ble Chief Justice) The present writ petition, in the nature of public interest litigation, has been filed under Article 226 of the Constitution of India, challenging G.O.No.32 dated 24.07.2025 issued for construction of a new bus stand adjacent to Shri Ulaganadha Perumal Temple in Thirukovilur.

¶2Earlier, petitioner has filed W.P.No.21080 of 2026 seeking a direction to respondents to stop the proposed construction of the new bus stand. This Court, by order dated 10.06.2026, dismissed the writ petition, holding as under: "4. At the outset, this Court must register its strong disapproval for entertaining this public interest litigation, as it is driven purely by individual impression 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 public interest litigation or stall developmental work. PILs cannot be reduced to platforms where citizens question municipal planning without showcasing a clear, undeniable infringement of statutory rules. Barring production of photographs, the petitioner has not placed on record any iota of material to substantiate his plea that the bus stand is being constructed within the prohibited area as contemplated under the Act.

¶5It is a well-settled principle of administrative law that the executing authorities and administrative experts are the best judges to decide where a bus stop should be established. 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 the logistical wisdom of administrative decisions or planning routes unless there is patent illegality or mala fides, neither of which has been established here."

¶3The G.O., which is under challenge in the present writ petition, was available even at the time of filing of the earlier writ petition. Now, petitioner has approached this Court challenging the G.O. as second attempt. The earlier writ petition was dismissed after considering the merits of the case, even though the G.O. was not challenged and finding that the bus stand is being constructed strictly in accordance with law.

¶4In view of the aforesaid, the second writ petition for the very same relief cannot be entertained. Filing of successive petitions for the same issue amounts to misuse of process of law and thus, the writ petition is misconceived. Therefore, this writ petition is dismissed with costs of Rs.10,000/- (Rupees ten thousand only) payable by petitioner to the Tamil Nadu State Legal Services Authority, Chennai, within a period of one month. If the aforesaid costs is not paid within a period of one month, Registry is directed to list this case before the Court so that necessary action can be initiated against petitioner, if required. There shall be no order as to costs. Consequently, the interim applications are also dismissed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

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¶1The Secretary to Government Tourism, Culture and Endowments Department, Secretariat, Chennai 600 009.

¶2The Secretary to Government Department of Municipal Administration and Water Supply, Secretariat, Chennai 600 009.

¶3The Director Directorate of Municipal Administration, 75 Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram Chennai 600 028.

¶4The Commissioner Department of Hindu Religious and Charitable Endowments, No. 119 Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

¶5The Joint Commissioner Hindu Religious and Charitable Endowments Villupuram.

¶6The District Executive Magistrate/District Collector Kallakurichi District, Kallakurichi.

¶7The Executive Officer Thirukovilur Trivikrama Swamy Devasthanam, (Shri Ulaganandha Perumal Temple), Thirukovilur Municipality, Kallakurichi District.

¶8The Registrar Judicial High Court, Madras THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

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16.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.29135 & 29136 of 2026 Viswanathan S/o. Asokan, No. 204 Chaitanya Laurels Apts, 81- 83, C.P. Ramasamy Road, Alwarpet Chennai 600 018. .. Petitioner Vs. 1. The Secretary to Government Tourism, Culture and Endowments Department, Secretariat, Chennai 600 009. 2. The Secretary to Government Department of Municipal Administration and Water Supply, Secretariat, Chennai 600 009. 3. The Director Directorate of Municipal Administration, 75 Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram Chennai 600 028. 4. The Commissioner Department of Hindu Religious and Charitable Endowments, No. 119 Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034. 5. The Joint Commissioner Hindu Religious and Charitable Endowments Villupuram. 6. The District Executive Magistrate/District Collector Kallakurichi District, Kallakurichi. 7. The Executive Officer Thirukovilur Trivikrama Swamy Devasthanam, (Shri Ulaganandha Perumal Temple), Thirukovilur Municipality, Kallakurichi District. 8. Shri Srimath Emperumanar Jeeyar Mutt Rep. by its Jeeyar, Shri Thiruvengada Ramanujachariyar (26th Title), Thirukovilur, Kallakurichi District .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of .Certiorarified Mandamus calling for the records of the 2nd respondent culminating in G.O. (4P) No.32, Municipal Administration and Water Supply Department, dated 24.07.2025 and quash the same as illegal and improper consequentially direct the respondents 4 to 6 to conduct an exhaustive review and restoration of the land records of survey No.227/2 and adjacent parcels to reflect the sole ownership of the deity of the Thirukovilur Trivikrama Swamy Devasthanam. For Petitioner : Mr.S.Kingston Jerold For Respondents : Mr.D.Yashwanth Rajan Government Advocate (HR & CE) for R1, R4, R5 & R7 Mr.Mohammed Fayaz Ali Government Pleader for R2, R3 & R6