IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, SHAJI P.CHALY, JJ.
Vineesh M.V., S/o.Viswanathan M.U. – Appellant
Versus
State of Kerala – Respondent
WP(C).No.5008 of 2021(S)
Decided on : 25-02-2021
Public Interest Litigation - Forest Department - GO(Rt) No. 261/2021/Revenue - Circular No. Rev.U3/187/2019 - Article 226 of the Constitution of India - Bachhittar Singh v. The State of Punjab - Laxminarayan R.Bhattad v. State of Maharashtra - Sethi Auto Service Station v. Delhi Development Authority - Union of India and others v. Vartak Labour Union (2)
Fact of the Case:
The petitioner filed a writ petition seeking various reliefs related to illegal felling of rosewood trees and subsequent events. The petitioner contended that the forest officials covered up the incidents and sought mandamus for enquiry and restoration of forest land. The Forest Department disputed the averments and highlighted the lack of supporting materials.
Finding of the Court:
The court dismissed the writ petition, stating that disputed questions of facts cannot be adjudicated in a petition under Article 226 of the Constitution of India. The court also emphasized that the petitioner did not satisfy the requirements of a Public Interest Litigation and that the writ petition does not merit consideration.
Issues: Disputed questions of facts, lack of supporting materials, and failure to satisfy the requirements of a Public Interest Litigation.
Ratio Decidendi: The court cannot adjudicate disputed questions of facts in a petition under Article 226 of the Constitution of India. A writ petition does not merit consideration if it fails to satisfy the requirements of a Public Interest Litigation.
Final Decision: The writ petition is dismissed.
JUDGMENT :
S. Manikumar, J.
Instant writ petition has been filed seeking for the following reliefs:-
ii. to issue the writ of mandamus or any other writ, or any other direction to the respondent No.12 to conduct an immediate enquiry and to submit a Quick Verification Report before this Hon'ble Court regarding this incidents reported in Exhibit P2;
iii. to issue the writ of mandamus or any other writ, or any other direction to the 6th respondent to submit a detailed further report on Exhibit P2 report filed by him;
iv. to issue the writ of mandamus or any other writ, or any other directions to respondents 1 to 3 carry out the recommendations made by the 6th respondent including the registration of Occurrence Report on the incidents reported in Exhibit P2 and the disciplinary proceedings against the delinquent officers;
v. to issue the writ of mandamus or any other writ, or any other direction to the directing the 1st respondent to form a special Team to investigate into the incidents reported in Exhibit P2 and against the involvement of respondents 5, and 7 to 10;
vi. to issue the writ of mandamus or any other writ, or any other direction to the respondents 1 to 3 to take all the measures and to restore the forest land which is illegally encroached by others after the publication of "Report of Vested Forest Committee 1975.”
2. Supporting the prayers sought for, petitioner has contended that, pursuant to media report regarding illegal felling of rose wood trees, Sri. N. T. Sajan IFS, Deputy Conservator of Forest (SF), Kozhikode, the 6th respondent, had submitted Ext. P2 preliminary report dated 15.02.2021, before Principal Chief Conservator of Forest (Vigilance & Forest Intelligence), the 3rd respondent, reporting the roles of delinquent officers, and with recommendations to book a case, and to enquire into the incidents. It is further contended that the entire incidents are covered up by the officials. Being aggrieved, instant writ petition is filed.
3. On this day, when the matter came up for admission, on instructions from the Chief Conservator of Forest, Kannur, the 5th respondent, Mr. Sandesh Raja, learned Special Government Pleader brought to the notice of this Court the following facts:-
BALCO Employees' Union (Regd.) v. Union of India and Others [(2002) 2 SCC 333]
Laxminarayan R.Bhattad v. State of Maharashtra
Dwarka Prasad Agarwal (D) By Lrs. and Anr. v. B.D. Agarwal and Ors. (2003) 5 SCALE 138
Guruvayur Devaswom Managing Committee & Anr. v. C.K.Rajan & Others [(2003) 7 SCC 546]
Bachhittar Singh v. The State of Punjab reported in AIR 1963 SC 395
Charles Sobraj v. Supdt., Central Jail, Tihar
Mrs. Maneka Sanjay Gandhi v. Rani Jethmalani (AIR 1979 SCC 468)
Hussainara Khatoon and Others v. Home Secretary
Fertilizer Corpn. Kamgar Union (Regd.) v. Union of India
Bandhua Mukti Morcha v. Union of India and Others (1984) 3 SCC 161
Janata Dal v. H.S.Chowdhary (1992) 4 SCC 305)
Shivajirao Nilangekar Patil v. Dr. Mahesh Madhav Gosavi and Others (1987) 1 SCC 227
S.P. Gupta (supra), People's Union for Democratic Rights (supra)
A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999) 2 SCC 718
The court cannot adjudicate disputed questions of facts in a petition under Article 226 of the Constitution of India. A writ petition does not merit consideration if it fails to satisfy the requireme....
Public interest litigations must be substantiated by clear evidence, and claims based solely on unverified sources are insufficient for judicial intervention.
Point of law : . Merely because allegations are levelled against the Hon'ble Chief Minister and others and in as much as the allegations relate to abuse of power, it cannot be contended that the natu....
Criminal proceedings against public servants acting in good faith under statutory authority should be quashed when the complaint fails to disclose the essential ingredients of the alleged offence, pa....
The challenge to the sanction on grounds such as lack of competence to grant sanction, non-application of mind, etc., can be raised only during the trial.
The court reaffirmed that the State holds fiduciary duties under public trust principles to protect forest land, requiring valid claims for restoration and emphasizing the need for adherence to legal....
Criminal proceedings against a public servant for acts performed in good faith during the discharge of statutory duties are liable to be quashed when the essential ingredients of the alleged offence,....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.