JUDGMENT

R. M. SAHAI, J.:—Much ado about nothing or the appellants were guilty of condemnable conduct disentitling them from any relief in equity jurisdiction was the issue which was debated, vigorously, in these appeals directed against order of the Kerala High Court. More so because the High Court,not only, dismissed the writ petition of appellants but issued directions, in a public interest litigation to the Municipal Council to take appropriate action in relation to the construction, raised in pursuance of interim order granted by the court.

2. Nature of public interest litigation, its pro bono publico content, justification for entertaining it are not proposed to be gone into but it need be observed that the court being ceased of a petition dealing with same subject matter, it would have been more appropriate if, it could have exercised restraint in light of the law laid down by this Court in Chhetriya Pradushan Mukti Sangharsh Samiti v. State of U.P. (1990) 3 JT 685, Ramsharan Autyanuprasi v. Union of India, 1989 Suppl (1) SCR 251 : and Sachidanand Pandey v. State of West Bengal (1987) 2 SCC 295. Merely because authorities constituted under the statute failed in their effort t