There can’t be a specialist organisation to file PILs, says the Bench.
Madurai based organisation- Tamil Nadu Centre for PIL, represented by its managing trustee KK Ramesh, was castigated by the Madras HC for using a name which is misleading the public.
On Friday, the 1st bench of Chief Justice SK Kaul & Justice M. Sundar said that at the inception, we must know there can’t be a specialist organisation to file PILs (public interest litigations).
The name under which this organisation is working creates a incorrect impression in the mind of the public as if it is a specialist only in filing the PILs.
The bench added that they can’t allow an organisation, which picks up a newspaper, finds out the issues raised & files half-baked petitions without any knowledge of the law or subject & that too without any sort of research on the subject.
Thus, they are of the view that any petition which is filed in the name of Tamil Nadu Centre for Public Interest Litigation can’t be maintained & no such petitions shall be maintained in this name & style.
The court observed that this issue is well settled in a chain of decisions of the Apex Court & other HCs that a mandamus can be issued only in the cases where there’s a statutory duty imposed upon a person.
It said that there’s a failure to discharge that duty & that a writ of mandamus can’t be issued to the Legislature to enact any particular legislation, as the same is the sole prerogative of Legislature.