No one has the right to encroach on government land, and abusing the process of the court can lead to dismissal of the petition with costs.

F.M. IBRAHIM KALIFULLA, J.

1. This petitioner, claiming himself to be a pro bono publico, has come forward with this writ petition seeking to quash the order of the 6th respondent dated 16.11.2005 passed in Na.Ka. No: B3/2712/2005 which order has been admittedly issued to a school called Holy Spirit Matriculation School, Seekurani, Kalayarkovil Post.

2. A reading of the order impugned discloses that the said school has encroached the land to an extent of 0.45.5 hectares in survey No: 7/2 situated in Seekurani Village, Sormanathamangalam group, Kalayarkovil Panchayat. The 6th respondent has directed the authority of the said school to remove the encroachment. According to respondents 1 to 4 the said land has been classified as Samiyar Mayanam in the revenue records and that it is a Government poromboke land. Significantly, the school management has not chosen to question the correctness of the order impugned in this writ petition. Petitioner claiming himself to be one of the permanent residents of Seekurani village seeks to contend that the land in question is being used by the members of the Christian community for burying the dead bodies and that the compound wall was raised by the members belonging to the Christian community. The land having been classified as a Samiyar Mayanam in the revenue records and when the land belongs to the Government, being a poromboke land, even if the said land is put into use for the purpose of burial of dead bodies of any particular community, no one has got any vested right to encroach the land by constructing a compound wall and claim ownership over the land. In any event, since according to the 6th respondent the encroachment is stated to have been made by the 5th respondent school by raising a compound wall and when the 5th respondent school has not raised any grievance as against the order impugned in the writ petition, we only feel that, under the guise of public interest litigation, the petitioner is attempting to abuse the process of this Court. We do not find any bonafide in the claim of the petitioner. The whole attempt, in our considered view, appears to be a publicity oriented one and, therefore, while strongly condemning the action of the petitioner in having resorted to this vexatious litigation, we feel it appropriate to dismiss the writ petition with an exemplary cost of Rs. 10,000/-. The petitioner should pay the cost of Rs. 10,000/- to the Legal Services Committee, Madurai, within four weeks from today. Connected miscellaneous petitions are also dismissed.