The judgment emphasized the importance of public interest in Public Interest Litigation and the need to distinguish between political motivation and genuine public interest in challenging government orders.

K.N.BASHA, J. & N. PAUL VASANTHAKUMAR, J.

1. W.P.No.20805 of 2011 is filed by Dravida Munnetra Kazhagam, a political party represented by R.S.Bharathi, Secretary, Legal Wing, praying to quash the Government Order issued in G.O.Ms.No.423 Home (Pol.XI) Department, dated 28.7.2011, with further prayer to forbear the Officers of the third respondent herein from registering any First Information Report based on the above impugned Government Order.

2. In W.P.No.18872 of 2011, the petitioner, who is a Member of Parliament of Dravida Munnetra Kazhagam and also a practising Advocate of this Court prays to quash G.O.Ms.No.423 Home (Pol.XI) Department, dated 28.7.2011.

3. W.P.No.21126 of 2011 is filed by one of the practising Advocate of this Court, challenging the very same Government Order.

4. These writ petitions having been filed by way Public Interest Litigation, the respondents herein, appearing through the learned Advocate General, raised preliminary objection regarding maintainability of the writ petitions.

5. Since the maintainability issue is raised as preliminary issue, at the first instance we are called upon to decide as to whether these writ petitions are maintainable as Public Interest Litigation.

6. In W.P.No.20805 of 2011, the grievances expressed are that Criminal proceedings have been initiated against important DMK functionaries of all Districts including former Ministers by forming 39 Anti Land Grabbing Special Cells in Tamil Nadu with 410 Police Personnel to deal with the land grabbing cases in the State with the financial commitment of Rs.27,71,11,658/-. The said Land Grabbing Special Cells are formed through G.O(Ms)No.423 Home (POL-XI) Department, dated 28.7.2011. It is stated in the affidavit that 39 Anti Land Grabbing Special Cells, separate staff pattern, vehicles, separate office, computers etc. are also sanctioned and tax payers' money is used for targeting the persons belonging to opposition party. The said separate Special Cell is constituted to ruin the political career of DMK men in the eye of public, and police terrorism is let loose in a tyrannical manner and based on First Information Reports registered. The Government Order was issued only on political reasons. A number of political persons were arrested and confined in various prisons. The said action of the Government is politically motivated, affecting large section of the society, particularly DMK Party members and functionaries.

7. The Government Order is issued only to receive complaints of land grabbing alleged to have been committed in DMK Party regime, i.e., during the year 2006-2011 and the same is discriminatory and arbitrary. The natural course of investigation is sought to be changed by treating such complaints relating to a particular period and DMK men are singled out and are arbitrarily treated. There is no rationality in classifying the offences relating to a particular period and against particular party members. The guidelines for arresting the accused persons are not followed. Complaints are received and First Information Reports are automatically registered and indiscriminate arrest is being made. Personal vendetta by hunting towards opposition party is impermissible and hundreds of political leaders are implicated in false cases merely because the DMK party was defeated in the last Assembly Election. There is political witch-hunting by foisting false cases, galoring with no respect to good principles of healthy administration and healthy political atmosphere in the State. The police force is misused for tarnishing the image of the DMK Party. Five District Secretaries of DMK party are arrested and detained and one District Secretary is detained under the Goondas Act. Alleging all these averments, DMK party has filed this writ petition as a Public Interest Litigation.

8. W.P.No.18872 of 2011 is filed by a sitting Member of Parliament belonging to DMK Party, who is also a practising Advocate of this Court having 23 years of