M.R. Ajayan v. Chief Secretary, Government of Kerala (W.P.(C) No. 26370 of 2022)

W. P. (C) No. 26370 of 2022 -1- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **WEDNESDAY, THE 17[TH] DAY OF AUGUST 2022 / 26TH SRAVANA, 1944 WP(C) NO. 26370 OF 2022** **PETITIONER/S:** **M.R. AJAYAN AGED 58 YEARS EDITOR, GREEN KERALA NEWS, MATTAPPILLY HOUSE, OCHANTHURUTH PO KOCHI - 682 508** **BY ADV BIJU ANTONY ALOOR PRASANTH K. P. VISHNU DILEEP ARCHANA SURESH KRISHNENDU T. S. JINSON JACOB** ## **RESPONDENT/S:** **1 THE CHIEF SECRETARY GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2 LOKNATH BEHERA, FORMER DIRECTOR GENERAL OF POLICE, MANAGING DIRECTOR, KOCHI METRO RAIL LTD, 4TH FLOOR, JLN METRO STATION, KALOOR, KOCHI - 682 017. SRI.K.P.HARISH, SR GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 26370 of 2022 -2- ## **J U D G M E N T** ## S. Manikumar, C. J. Petitioner, stating to be the Editor of Kerala Green News, Kochi, has filed the instant writ petition, seeking the following relief:- “Issue a writ of mandamus commanding the 1[st] respondent to dispose of Ext. P2 representation forthwith, after hearing the petitioner.” 2. Brief facts leading to the filing of the writ petition are as hereunder:- Petitioner has submitted that he has preferred Ext. P2 representation dated 16.07.2022 before the Chief Secretary, Government of Kerala, Thiruvananthapuram, the 1[st] respondent, against inaction on the part of Mr. Loknath Behera, Former Director General of Police, Kerala, the 2[nd] respondent, to recover the amount paid to the Police personnel deployed at Techno Park, while he was the Director General of Police of the State of Kerala. Petitioner has sought for a direction to the Chief Secretary, Government of Kerala, the 1[st] respondent, to consider and pass appropriate order / take action on Ext. W. P. (C) No. 26370 of 2022 -3- ## P2 forthwith. 3. In support of the averments made in the writ petition and the prayer, petitioner has relied on Ext. P1 letter dated 23.07.2021 of the Commandant, State Industrial Security Force, Thiruvananthapuram, addressed to the Chief Executive Officer, Techno Park, Thiruvananthapuram. 4. According to the petitioner, Techno Park has not paid the amount to the Police Department for deploying State Industrial Security Force, and therefore, petitioner has sent Ext. P2 representation dated 16.07.2022 to the Chief Secretary, Government of Kerala, Thiruvananthapuram, the 1[st] respondent, which reads thus:- “16.07.2022 M.R. Ajayan, Editor, Green Kerala News, Mattappilly House, Ochanthuruth PO, Kochi-682 508 The Chief Secretary, Government of Kerala, Secretariat, Thiruvananthapuram-695 001. Respected Chief Secretary, Sub: Enquiry into misuse of police personnel by former DGP Mr. Loknath Behera. W. P. (C) No. 26370 of 2022 -4- Ref: Notification No: G1-5067/2020/SISF dated 23.07.2021. It is understood that when police personnel where deployed at Techno Park, Thiruvananthapuram and Info Park, Kochi, the bill of cost against the deployment of such police personnel was to be met by the Techno Park itself. But when Mr. Loknath Behera who was the DGP he deployed police personnel at Techno Park, without recovery the amount paid to the police personnel from Techno Park, especially because his wife was an employee at Techno Park. He has thus willfully caused heavy loss to the public exchequer. Hence necessary orders should be issued to recover the said amount from Mr. Loknath Behera personally. With regards, Sd/M R Ajayan” 5. Representation reads that orders should be issued to recover the amount from Mr. Loknath Behera, the then Director General of Police and State Police Chief, Government of Kerala, for deploying Police personnel by State Industrial Security Force. 6. Posed with a question as to whether there is any obligation to pay the amount by Techno Park, Thiruvananthapuram, for deployment of Police personnel by State Industrial Security Force, Mr. B. A. Aloor, learned counsel for the petitioner, is unable to point out any specific W. P. (C) No. 26370 of 2022 -5- obligation imposed in Ext. P1 letter dated 23.07.2022 of the Commandant, State Industrial Security Force, Thiruvananthapuram, or any provision obligating payment for providing security arrangements at Techo Park, Thiruvananthapuram. 7. We deem it fit to extract the principles of law summarized by us in an unreported judgment dated 30.06.2020 in B. Radhakrishna Menon v. State of Kerala and Ors. [W.P.(C) No.12109 of 2020], as regards a public interest litigations, wherein it is held thus: “45. Placing reliance on the above decisions, the learned Senior Government Pleader submitted that a public interest writ petition which lacks bona fides, lack of particulars satisfying the requirements of a PIL, deserves to be dismissed with costs. Having regard to decisions considered in _**Mythri Residents Association v. Secretary, Tripunithura Municipality and Others,** [2019 KHC 832]_ , it has been summarised by the journal thus: “(1) The Courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations. (2) Instead of every individual Judge devising his own procedure for dealing with the public interest litigation, it W. P. (C) No. 26370 of 2022 -6- would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the rules prepared by the High Court is sent to the Secretary General of this Court immediately thereafter. (3) The Courts should prima facie verify the credentials of the petitioner before entertaining a PIL. (4) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL. (5) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition. (6) The Courts should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions. (7) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. W. P. (C) No. 26370 of 2022 -7- (8) The Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations. (9) The misuse of public interest litigation is a serious matter of concern for the judicial process. (10) Both this Court and the High Courts are flooded with litigations and are burdened by arrears. (11) Frivolous or motivated petitions, ostensibly invoking the public interest detract from the time and attention which courts must devote to genuine causes. (12) This Court has a long list of pending cases where the personal liberty of citizens is involved. (13) Those who await trial or the resolution of appeals against orders of conviction have a legitimate expectation of early justice. (14) It is a travesty of justice for the resources of the legal system to be consumed by an avalanche of misdirected petitions purportedly filed in the public interest which, upon due scrutiny, are found to promote a personal, business or political agenda. W. P. (C) No. 26370 of 2022 -8- (15) This has spawned an industry of vested interests in litigation. (16) There is a grave danger that if this state of affairs is allowed to continue, it would seriously denude the efficacy of the judicial system by detracting from the ability of the court to devote its time and resources to cases which legitimately require attention. (17) Worse still, such petitions pose a grave danger to the credibility of the judicial process. (18) This has the propensity of endangering the credibility of other institutions and undermining public faith in democracy and the rule of law. (19) This will happen when the agency of the court is utilised to settle extra-judicial scores. Business rivalries have to be resolved in a competitive market for goods and services. (20) Political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office. (21) Courts resolve disputes about legal rights and entitlements. (22) Courts protect the rule of law. W. P. (C) No. 26370 of 2022 -9- (23) There is a danger that the judicial process will be reduced to a charade, if disputes beyond the ken of legal parameters occupy the judicial space.” 8. Instant writ petition has been filed without any basic material. Writ petition lacks requirements of a public interest writ petition. For the above reasons, we are of the view that there is no obligation on the part of the Chief Secretary, Government of Kerala, Thiruvananthapuram, the 1[st] respondent, to consider and pass orders on the representation submitted by the petitioner dated 16.07.2022. Accordingly, writ petition is dismissed. Sd/- **S. MANIKUMAR CHIEF JUSTICE** Sd/- **SHAJI P. CHALY JUDGE** Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 26370 of 2022 -10- ## **APPENDIX OF WP(C) 26370/2022** **PETITIONER EXHIBITS** **EXHIBIT P1** **TRUE COPY OF THE COMMUNICATION NO: GI5067/2020/SISF DATED 23.07.2021 ISSUED FROM THE OFFICE OF THE COMMANDANT, SISF TO THE CHIEF EXECUTIVE OFFICER, TECHNO PARK, THIRUVANNAHTAPURAM.** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16.07.2022 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT.** **EXHIBIT P3** **TRUE COPY OF THE ORDER IN .P (C) NO. 25387 OF 2022 DATED 05.08.2022.**