The judgment underscores the need for careful scrutiny of public interest litigations and the importance of substantiating claims in such petitions.

Indira Banerjee, J.

1. This writ petition, purportedly by way of public interest litigation, has been filed by the petitioner, who claims to be a Post Graduate in History and a social worker as well as a Writer engaged in social service to the public.

2. In the writ petition, the petitioner has prayed for a writ of mandamus directing the respondent Nos.1 to 4 to consider his representation dated 12.12.2017, to take action against the fifth respondent i.e., Director General of Police, Government of Tamil Nadu.

3. It is the case of the petitioner that the Government of Tamil Nadu allocated a sum of Rs.47.56 crores for the year 2017-2018 for modernization of the Tamil Nadu Police Force by purchase of Walkie Talkie sets.

4. According to the petitioner, the total requirement was for 10000 Walkie Talkie sets. The Directorate of Tamil Nadu Police called for tender for the supply of 4000 Walkie Talkie sets for Chennai Police alone. There was also requirement of Walkie Talkie sets for the city of Tiruchirapalli. Though it is not clear from the affidavit in support of the writ petition, it appears that later another tender or alternatively corrigendum was issued for the balance 6000 sets. According to the petitioner, Motorola Solution India Private Limited submitted tender quoting Rs.83.45 crores, that is Rs.35.89 crores higher than the sum of Rs.47.56 crores allocated by the Government.

5. It is the case of the petitioner in paragraph (7) that there are two different technologies for operation of Walkie Talkies and the Walkie Talkie sets of the kind ordered by the Tamil Nadu Police are difficult to operate and that such Walkie Talkie sets are not in use in other States in India. The sets are not effective. Questions have also been raised with regard to the price of the Walkie Talkie sets, even though from the language and tenor of the affidavit it is not clear whether the Walkie Talkie sets have actually been procured or are going to be procured. According to the petitioner, the value fixed for each Walkie Talkie set is exorbitant.

6. Allegations have been made with regard to integrity of Director General of Police, Tamil Nadu, which are apparently based partly on news report and partly on hearsay. According to the petitioner, he read a report in the India Today under the caption “Tamil Nadu DGP lands in trouble over violations of Walkie Talkie tender”. The report has not been included in the typed set of papers. According to the petitioner, the Additional Chief Secretary has questioned the procurement citing tender violation which has landed the Director General of Police in trouble.

7. We are unable to appreciate how a social worker, who claims to be a Post Graduate in History, with no kind of technical education, can possibly have knowledge of which kind of Walkie Talkie is easier to operate, which is a more suitable Walkie Talkie and whether the price fixed for the sets is fair price or not? Significantly, there is no reference to any other comparable price.

8. It is also not understood what public interest people in general can have with regard to the kind of Walkie Talkies which are to be used by members of the police force. There can be no doubt that citizens, as a body, have a right to stop illegality in procurements or sales and distribution of largesse resulting in wastage of public money and to ensure that taxpayers' money is properly spent. However, on the basis of totally vague allegations based on hearsay, when as per the petitioner's own pleadings, he has no technical expertise, such a writ petition, cannot be entertained. If, as alleged, the Additional Chief Secretary has questioned the procurement, it is for the Government to take steps in accordance with law.

9. In an application under Article 226 of the Constitution of India, the onus is on the writ petitioner to establish entitlement to the reliefs claimed. The writ petition in this case is totally vague and devoid of any material particulars whatsoever. It is not