Sabarmathy Jayasankar v. Kerala Minerals and Metals Limited and Others

WP(C).15424 OF 2014(S) -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 3RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942** ## **WP(C).No.15424 OF 2014(S)** ## **PETITIONER/S:** ## **SABARMATHI JAYASANKAR** **AGED 46 YEARS S/O.PACHAN,SABARMATHY,PADANAYARKULANGARA SOUTH,KARUNAGAPPALLY (PO,KOLLAM DISTRICT** **BY ADVS. SRI.M.V.THAMBAN SRI.B.BIPIN SRI.R.REJI SMT.THARA THAMBAN** ## **RESPONDENT/S:** - **1 KERALA MINERALS AND METALS LIMITED CHAVARA,KOLLAM DISTRICT,PIN 691 001 REPRESENTED BY ITS MANAGING DIRECTOR** - **2 THE CHAIRMAN** **KERALA MINERALAS AND METALS LIMITED,CHAVARA,KOLLAM DISTRICT PIN 691 001** **3 THE MANAGING DIRECTOR, KERALA MINERALS AND METALS LIMITED CHAVARA KOLLAM DISTRICT PIN 691 001** - **4 THE ASSISTANT COMMISSIONER OF POLICE SPECIAL BRANCH,OFFICE OF THE CITY POLICE KOLLAM DISTRICT PIN 691 001** WP(C).15424 OF 2014(S) -2- - **5 THE SPECIAL TAHSILDAR (LAND ACQUISITION) KERALA MINERALS AND METALS LIMITED,CHAVARA,KOLLAM DISTRICT PIN 691 583** - **6 VALYATHU A IBRAHIMKUTTY CHAIRMAN,VALYATHU INSTITUTE OF MEDICAL SCIENCE,PADANAYARKULANGARA SOUTH,KARUNAGAPPALLY,KOLLAM DISTRICT 690 518** - **7 T.RAMACHANDRAN NAIR AGED 65 YEARS CHAIRMAN,SREE VIDYADI RAJA ARTS & SCIENCE COLLEGE THEVARKAVU,PADANAYARKULANGARA SOUTH,KARUNAGAPPALLY,KOLLAM DISTRICT PIN 690 518** - **8 A.RATHEESHS S/o.AYYAPPAN PILLAI RAVIMANGALAM KALLELI BHAGAM PO KARUNAGAPPALLY KOLLAM DISTRICT PIN 690518** **SRI.K.ANAND(SR) FOR R1 TO R3, SRI. SURIN GEORGE IPE SR GP FOR R4 AND R5, SRI.C.UNNIKRISHNAN(KOLLAM) FOR R8.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).15424 OF 2014(S) -3- ## **J U D G M E N T** Dated this the 3[rd] day of February, 2021 ## S. Manikumar, C. J. Claiming himself to be a resident of Chavara at Kollam District, and a public spirited citizen, petitioner has filed the instant writ petition, for a very strange prayer, to issue a writ of declaration, declaring that, respondent Nos. 6 to 8 have no authority to encroach into the property of Kerala Minerals and Metals Ltd., Kollam, the 1[st] respondent, and that they are liable to be evicted. 2. Petitioner has also sought for a mandamus, directing respondents 1 to 5, to take emergent steps, to evict the illegal encroachers of the property of Kerala Minerals and Metals Ltd. 3. Short facts leading to the filing of the writ petition are, petitioner is aggrieved by the illegal and highhanded acts of encroachment, at the instance of respondents 6 to 8, into the property of Kerala Minerals and Metals Limited, the 1[st] respondent, and thus reduced it into their possession, and constructed buildings. Petitioner has submitted that, in fact, Kerala Minerals and Metals Limited, the 1[st] respondent, has acquired 42 acres of land, for WP(C).15424 OF 2014(S) -4- the construction of a railway line, for bringing raw materials into the company. For the said purpose, a sum of Rs. 3.21 lakhs was expended, mainly for the purpose of bringing coal, and other like materials, into the company. Respondents 6 to 8, without any authority of law, have trespassed into the property of the 1[st] respondent. Mr. Valyathu A. Ibrahimkutty, the 6[th] respondent, has constructed a hospital under the name and style, “Valyathu Institute of Medical Sciences". In fact, he has encroached, approximately 12 cents of property. Similarly, Mr. T. Ramachandran Nair, the 7[th] respondent, has constructed private unaided college, under the name and style "Vidyathiraja Arts and Science College'. His encroachment is approximately 8 cents. Likewise, Mr. A. Ratheesh, the 8[th] respondent, has encroached approximately 4 cents of property of the 1[st] respondent, and constructed buildings. Petitioner has further submitted that, despite all these, Special Tahsildar (Land Acquisition), Kerala Minerals and Metals Ltd., Kollam, the 5[th] respondent, has given a report to the Taluk Legal Service Authority, opining that, few encroachers, in possession of the property of the 1[st] respondent, were evicted. WP(C).15424 OF 2014(S) -5- Petitioner also submitted that, under the guise of eviction, Special Tahsildar (Land Acquisition), the 5[th] respondent, has evicted a few hawkers. In fact, they have no connection with the alleged encroachment. The real encroachers are respondents 6 to 8, who have encroached upon the property of Kerala Minerals and Metals Limited, the 1[st] respondent, and constructed palatial buildings, without any authority. Being aggrieved, instant writ petition is filed, seeking for a direction to respondents 1 to 5, to take emergent steps, to evict illegal encroachers, from the property of the 1[st] respondent. 4. When the matter came up for hearing, by inviting the attention of this Court to the reply furnished under the Right to Information Act, 2005, to query No. 6, Mr. M. V. Thamban, learned counsel for the petitioner, submitted that, though the Public Information Officer, Kerala Minerals and Metals Ltd., Kollam, have given a reply that, legal steps have been taken by the company, against persons, who are conducting shops in the property, no further action action has been taken, and that is why, in the interest of the public, instant writ petition is filed. WP(C).15424 OF 2014(S) -6- 5. By inviting the attention of this Court to prayer No. 1, Mr. Surin George Ipe, learned Senior Government Pleader, submitted that prayer sought for in the writ petition, is not maintainable. He further submitted that, earlier, the petitioner has approached the Legal Services Authority, Karunagappally, in PLP 114 of 2013, and that it is at the petitioner's instance, said petition has been closed on 23.05.2014, by the Taluk Legal Services Committee, Karunagappally. Attention was also invited to Ext. P5 report of the Special Tahsildar (Land Acquisition), Kerala Minerals and Metals Ltd., Kollam, the 5[th] respondent, wherein, the Special Tahsildar has specifically stated that, there is no encroachment. 6. Mr. Surin George Ipe, learned Senior Government Pleader further submitted that, there is absolutely no merit in the writ petition, and that the writ petition is filed, with no justifiable cause, exposing the cause of public. 7. Heard the learned counsel for the parties and perused the material available on record. ## 8. In **Guruvayur Devaswom Managing Committee & Anr. v.** WP(C).15424 OF 2014(S) -7- ## **C.K.Rajan & Others** [(2003) 7 SCC 546], the Hon'ble Apex Court held as under: “(i) The Court in exercise of powers under Article 32 and Article 226 of the Constitution of India can entertain a petition filed by any interested person in the welfare of the people who is in a disadvantaged position and, thus, not in a position to knock the doors of the Court. The Court is constitutionally bound to protect the fundamental rights of such disadvantaged people so as to direct the State to fulfill its constitutional promises. [See **S.P. Gupta v. Union of India, People's Union for Democratic Rights v. Union of India** (1982) 2 SCC 494 **, Bandhua Mukti Morcha v. Union of India and Others** (1984) 3 SCC 161 and **Janata Dal v. H.S.Chowdhary** (1992) 4 SCC 305)] (ii) Issues of public importance, enforcement of fundamental rights of a large number of the public vis-avis the constitutional duties and functions of the State, if raised, the Court treats a letter or a telegram as a public interest litigation upon relaxing procedural laws as also the law relating to pleadings. [See **Charles Sobraj v. Supdt., Central Jail, Tihar, New Delhi (1978) 4 SCC 104 and Hussainara Khatoon and Others v. Home Secretary, State of Bihar** (1980) 1 SCC 81). (iii) Whenever injustice is meted out to a large number of people, the Court will not hesitate in stepping in. Articles WP(C).15424 OF 2014(S) -8- 14 and 21 of the Constitution of India as well as the International Conventions on Human Rights provide for reasonable and fair trial. In **Mrs. Maneka Sanjay Gandhi** **v. Rani Jethmalani** (AIR 1979 SCC 468), it was held: "2. Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mini-grievances. Something more substantial, more compelling, more imperilling, from the point of view of public justice and its attendant environment, is necessitous if the court is to exercise its power of transfer. This is the cardinal principle although the circumstances may be myriad and vary from case to case. We have to test the petitioner’s grounds on this touchstone bearing in mind the rule that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried. Even so, the process of justice should not harass the parties and from that angle the court may weigh the circumstances.” (See also _Dwarka Prasad Agarwal (D) By Lrs. and Anr. v. B.D. Agarwal and Ors._ (2003) 5 SCALE 138). (iv) The common rule of locus standi is relaxed so as to enable the Court to look into the grievances complained on behalf of the poor, the depraved (sic), the illiterate and the disabled who cannot vindicate the legal wrong or legal injury caused to them for any violation of any constitutional or legal right. [See _Fertilizer Corpn. Kamgar Union (Regd.) v. Union of India, AIR 1981 SC 344, S.P. Gupta (supra), People's Union for Democratic_ WP(C).15424 OF 2014(S) -9- _Rights (supra), Dr. D.C. Wadhwa (Dr) v. State of Bihar (1987) 1 SCC 378 and BALCO Employees' Union (Regd.) v. Union of India and Others [(2002) 2 SCC 333_ ] (v) When the Court is prima facie satisfied about variation of any constitutional right of a group of people belonging to the disadvantaged category, it may not allow the State or the Government from raising the question as to the maintainability of the petition. (vi) Although procedural laws apply to PIL cases but the question as to whether the principles of res judicata or principles analogous thereto would apply depends on the nature of the petition as also facts and circumstances of the case. [See **Rural Litigation and Entitlement Kendra v. State of U.P.** , 1989 Supp (1) SCC 504 and **Forward Construction Co. v. Prabhat Mandal (Regd.), Andheri and others** (1986) 1 SCC 100]. (vii) The dispute between two warring groups purely in the realm of private law would not be allowed to be agitated as a public interest litigation. (See **Ramsharan Autyanuprasi v. Union of India and Others** 1989 Supp (1) SCC 251) (viii) However, in an appropriate case, although the petitioner might have moved a court in his private interest and for redressal of personal grievances, the Court in furtherance of the public interest may treat it necessary to enquire into the state of affairs of the subject of litigation in the interest of justice. (See **Shivajirao Nilangekar Patil** WP(C).15424 OF 2014(S) -10- **v. Dr. Mahesh Madhav Gosavi and Others** (1987) 1 SCC 227). (ix) The Court in special situations may appoint a Commission, or other bodies for the purpose of investigating into the allegations and finding out facts. It may also direct management of a public institution taken over by such Committee. (See **Bandhua Mukti Morchai,** **Rakesh Chandra Narayan v. State of Bihar** (1989) Suppl 1 SCC 644 and **A.P. Pollution Control Board v. Prof. M.V. Nayudu** (1999) 2 SCC 718). In **Sachidanand Panday and Another v. State of West Bengal and others** [(1987) 2 SCC 295], this Court held,- “61. It is only when courts are apprised of gross violation of fundamental rights by a group or a class action on when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this Court, should leave aside procedural shackles and hear such petitions and extent its jurisdiction under all available provisions for remedying the hardships and miseries of the need, the underdog and the neglected. I will be second to none in extending help when such is required. But this does mean that the doors of this Court are always open for anyone to walk in. It is necessary to have some self-imposed restraint on public interest litigants." 9. This Court, 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], at paragraph 45, held thus: WP(C).15424 OF 2014(S) -11- “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 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. WP(C).15424 OF 2014(S) -12- (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. (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. WP(C).15424 OF 2014(S) -13- (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. (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. WP(C).15424 OF 2014(S) -14- (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.” 10. Though the petitioner has claimed that he is a public spirited citizen, there is absolutely no material to indicate, his activities in the interest of general public, at any point of time, except to say that, he is a public spirited citizen. 11. Going by the principles of law in Public Interest Litigation, we are of the view that the petitioner has not satisfied the requirements of a Public Interest Litigation. 12. As rightly pointed out by Mr. Surin George Ipe, learned Senior Government Pleader, relief No.1 sought for in the writ petition, is absolutely not maintainable. No court can declare that respondents 6 and 7 have no authority to encroach. Court can only issue directions to the authorities, if there is any encroachment, for appropriate action. 13. As regards the 2[nd] prayer, directing the respondents 1 to 5, to take emergent steps, to evict the alleged illegal encroachers, it could be seen from the material on record that, earlier, the petitioner has approached the Legal Services Authority, Karunagappally by WP(C).15424 OF 2014(S) -15- submitting, a petition, which has been entertained as PLP No. 114 of 2013 dated 16.08.2013, which reads thus:- ## “ **BEFORE THE HONOURABLE KARUNAGAPPALLY TALUK LEGAL SERVICE AUTHORITY** PLP NO. 114 OF 2013 ## **Complainant** ## **Opposite Parties** Sabarmathy Jayasankar 1. Chairman Sabarmathy KMML Padanayarkulangara South Principal Secretary Karunagappaly (PO) Industrial Department Secretariat, Trivandrum 2. Managing Director KMML, Sankaramangalom Chavara (PO) 3. Assistant Commissioner of Police, Special Branch, City Police, Kollam 4. Special Tahsildar Land Acquisition KMML, Sankaramangalom Chavara (PO) Sir, Petition respectfully submitted by the petitioner KMML is State Government of Kerala owned company. K.M.M.L. Co. had acquired properties from private persons earlier at higher rates for construction of railway live, which is for bringing coal and other materials to the company. The railway WP(C).15424 OF 2014(S) -16- line and he acquired properties are not being used for the past several years and it has become safe place for anti social elements to indulge with there criminal activities. Now the several parts of the railway track including the said under the truck are taken over by there peoples and the silent permission of the authorities are there in such criminal arts. As a social activists once, when, I see such illegal activities I have informed it to the K.M.M.L Authorities and Special Branch Police through phone but here was not response from there authorities. In fact the property of the company is being encroached by highly influential private persons, till date no action is taken by the authorities. As the authorities had taken a farely attitude of applied for. Some documents and details through R.I.T. on 17.4.2013. But the same was not properly replied and so I approached the appellate authority on 23.5.2013 from there also proper explanation are given to me. Their applications and replies are also enclosed with these petitions. As per that information, it is stated that no encroachments are there but in fact there is large scale encroachments. Hence it is humbly requested to inspect the site and take appropriate action. Yours faithfully, Sabarmathy Jayasankar Karunagappally 16.08.2013” 14. As rightly pointed out by Mr. Surin George Ipe, learned Senior Government Pleader, it is at the petitioner's instance, the said WP(C).15424 OF 2014(S) -17- petition has been closed. Order in PLP No. 114 of 2013 dated 23.05.2014 of the Taluk Legal Services Committee, Karunagappally reads thus:- **“TALUK LEGAL SERVICES COMMITTEE, KARUNAGAPPALLY** Friday 23[rd] May 2014 PLP 114/13 Presiding Officer : Sri. C. Deepu (Judicial 1[st] Class Magistrate) Member : Adv. Muhammed ameer Petitioner : Sabarmathi Jaya Sankar, Sabarmati Padanayarkulangara South Karunagappally. Respondents : Managing Director Kerala Minerals & Metals Ltd. Sankaramangalam, Chavara Addl. Respondent : 1. Chairman KMML Chavara (Principal Secretary) Industries Dept Secretariate Thiruvananthapuram 2. Asst. Commissioner of Police Special Branch O/o the City Police, Kollam 3. Special Tahasildar Land Acquistion KMML, Chavara WP(C).15424 OF 2014(S) -18- This petition coming before the committee for considering in the Adalath held on 23.05.2014 and the committee decided the following. Petitioner is present PLP is closed at the instance of the petitioner. sdPresiding Officer” 15. Petitioner, by letter dated 17.04.2013, has requested the Public Information Officer, Kerala Minerals and Metals Ltd. Kollam, posing as many as 13 questions, which includes the alleged encroachments into the property belonging to Kerala Minerals and Metals Ltd., Kollam, the 1[st] respondent. Question Nos. 6, 7 and 8, and the answers furnished by the Public Information Officer, Kerala Minerals and Metals Ltd., are extracted hereunder:- “ **Q6.** If there is any **A6** . No encroachment by private parties there name and address **Q7.** The details of legal steps **A7** . No wall at present taken by the company against the encroahcers if any. **Q8.** The legal steps taken by the company against persons who are conducting shops in the property. **A8** . Two temporary shops are functioning nearby the Thevarkav temple and one puller cart is functioning near WP(C).15424 OF 2014(S) -19- by the market both of them are already directed vacate by the company” 16. Reading of the above questions, regarding the alleged encroachments, and the answers of the Public Information Officer, makes it clear that, there are no encroachments, and that, even the temporary shops functioning in the Therkavu temple, and one puller cart, have been directed to be vacated, by the company. 17. Material on record further discloses that, even the Special Tahsildar (Land Acquisition), Kerala Minerals and Metals Ltd., Kollam, the 5[th] respondent, on enquiry, vide Ext. P5 and P6, has reported that, there are no encroachments. Ext. P5 report of the Special Tahsildar (Land Acquisition), Kerala Minerals and Metals Ltd., Kollam, the 5[th] respondent, submitted before the Taluk Legal Services Committee, Karunagappally, is reproduced hereunder:- “Actual facts report submitted by Special Tahsildar (LA) KMML Chavara, before the Honourable Legal Service Committee, in the petition filed by Mr.Jayasankar insisting other parties including Principal Secretary Industrial Department, Managing Director KMML, Special Branch Assistant Police Commissioner, Kollam. Special Tahsildar (LA). KMML, Chavara. WP(C).15424 OF 2014(S) -20- In the year 1980 an extent of 42 Ares of properties are acquired by KMML at a higher rate for the purpose of constructing railway line for bringing coal and other materials to the plant for industrial propose. The said acquisition as per GO(MS) No.404/78/ID dated 22.12.1978 was completed in the year 1980-81 and which was landed over the requisition officer. The said railway trade is used until 1994 but thereafter it is not used as other ways are used for the transportation. The Public Arbitration KMML has conducted inquiry in the petition and the railway line and its going line and fixed boundaries with new boundary stones and orally communicated that there is no encroachments. On inquiry it is reliably known that the company already directed the shop owners nearly the Thevarkavu Temple and Puller cart functioning in the nearby market to leave the place. The said 42 Ares of property was handed over to the KMML company earlier and this office have no direct connection with railway track portion. **==> picture [124 x 59] intentionally omitted <==** Chavara 30.10.2013” 18. Exhibit P6 report of the Special Tahsildar (Land Acquisition), Kerala Minerals and Metals Ltd., Kollam, the 5[th] respondent, submitted before the Taluk Legal Services Committee, Karunagappally, is reproduced hereunder:- WP(C).15424 OF 2014(S) -21- “Information report submitted before the Honourable Karunagapally Taluk Legal Service Committee by Special Tahsildar (L.A.) KM.M.L., Chavara in P L.P. No. 114/13 petition filed by Mr. Jayashanker, Sabarmathi, Pada South. The parties. Principle Secretary Industrial Department, K.M.M.L., M.D. K.M.M.L., Assistant Police Commission Special Branch, Special Tahsildar (L.A.), K.M.M.L. The 42 square acres of property acquired by KMML for construction of railway line from for bringing coal and other industrial materials to the comp which is acquired at high rate from private persons are lying as a useless land. The direction given by the Munsiff Court to K.M.M.L. in a petition filed for preserving the said property a request was received for preserving the same from the company. As per the request immediate actions are taken for fixing the boundaries and a 66% of the work in this regard is completed. The properties in Sy.No.607, 613, 612, 640, 643, 655, 654, 659, 658, 671, 674 683 of Ayani Velikulangara Village and the properties in Sy. No.662, 666, 677 in Block No.9. 686, 690, 700, 701, 702, 712 of Karunagapally Village in block No.10. Through which railway line goes, the boundaries and the balance area left in the re-fixed kallelil Village the boundaries re-fixing in process All there works are alone is accordance with the re-survey sketch Therefore as per the direction of the Honourable Munsiff Court and request of the K.M.M.L. the above said actions are taken. Yours faithfully, WP(C).15424 OF 2014(S) -22- ## **(SPECIAL TAHSILDAR)** Chavara 21.02.2014” 19. Thus, the owner of the property, namely, Kerala Minerals and Metals Ltd., Kollam, the 1[st] respondent, has categorically stated that the encroachers had already been directed to be vacated. When the Special Tahsildar, in his reports dated 30.10.2013 and 21.02.2014 respectively, has reiterated that there are no encroachments, without ascertaining the facts, the petitioner has filed the instant writ petition on 11.06.2014, with no justifiable cause, allegedly exposing the cause of public. Writ petition not only satisfies the requirements of a Public Interest Litigation, but appears to have filed, with some ulterior motive. 20. Taking note of the conduct of writ petitioner, in filing a Public Interest Litigation, without taking any efforts to contradict the report of the Special Tahsildar, or the information furnished by the owner of the property, by any documentary evidence, substantiating alleged encroachments, and also the public cause, which he has claimed to espouse, we are of the view that this writ petition deserves to be dismissed with costs. WP(C).15424 OF 2014(S) -23- 21. However, taking note of the Covid – 19 pandemic situation, we refrain from doing so, hoping that the writ petitioner would not indulge in such activities, in the future. With the above observations, this writ petition is dismissed. **Sd/-** **S.MANIKUMAR CHIEF JUSTICE** **Sd/SHAJI P.CHALY JUDGE** Eb ///TRUE COPY/// P. A. TO JUDGE WP(C).15424 OF 2014(S) -24- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **EXHIBIT P1 TRUE COPY OF THE RIGHT TO INFORMATION ACT DATED 17-04-2013 WITH ENGLISH TRANSLATION.** **EXHIBIT P2 EXHIBIT P2 TRUE COPY OF THE REPLY DATED 17-05-2013 OF THE PUBLIC INFORMATION OFFICER WITH ENGLISH TRANSLATION.** **EXHIBIT P3 EXHIBIT P3 TRUE COPY OF THE PRELIGATION PETITION NO 114/2013 DATED 1608-2013 WITH ENGLISH TRANSLATION.** **EXHIBIT P4** **EXHIBIT P4 TRUE COPY OF THE DECISION DATED 23-05-2014 IN PLP NO 114/2013** **EXHIBIT P5** **EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT WHICH WAS FORWARDED TO THE CHAIRPERSON TALUK LEGAL SERVICES AUTHORITY DATED 30-10-2013 WITH ENGLISH TRANSLATION.** **EXHIBIT P6** **EXHIBIT P6 TRUE COPY OF THE REPORT DATED 21-02-2014 FILED BY THE 5TH RESPONDENT WITH ENGLISH TRANSLATION.**