Finding on preliminary objection

The petitioner is a citizen of India. He is a resident of Cochin lying within the jurisdiction of this court. He approached this court to vindicate what he called public interest. According to him, respondent No. 3 herein, who is unfit to hold the post of Director General of Police in the State, is sought to be appointed to that post by the Government of Kerala. He has sought the issue of a writ of mandamus directing the government not to appoint the third respondent as Director General of Police (Law and Order) and in the alternative, for a further direction to respondents 1 and 2 to comply with all the requisite formalities before appointing the third respondent. In the light of the allegation contained in the Original Petition this court admitted the Original Petition on 24.11.1993 directing the issue of urgent notice to the respondents. Urgent notice was ordered also on the application for interim direction made by the petitioner.

2. Respondent No. 3 entered appearance and filed a counter affidavit with a prayer that the question of the maintainability of the Original Petition under Art.226 of the Constitution may be considered and dec