A division bench of Justices S Manikumar and Subramonium Prasad dismissed the PIL by advocate D Dinesh Kumar.

When the matter came up last month, another bench headed by Justice M Sathyanarayanan had permitted the government to go ahead with the construction and declare it open without any fanfare.

Accordingly, the arch was declared open at a simple function. The petitioner has contended that the arch was constructed at a cost of Rs 2.52 crore, encroaching upon the Kamarajar Salai (Beach Road) on the Marina beach, in contravention of the provisions of the Tamil Nadu Highways Act, 2001.

Since the state had already built a memorial for MGR on the Marina, allegedly against coastal regulation rules, no public interest would be served in constructing the arch, he submitted.