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2022 Supreme(Online)(KER) 62618
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
M.R. AJAYAN – Appellant
Versus
THE CHIEF SECRETARY – Respondent
WP(C)/26370/2022
BIJU ANTONY, ALOOR PRASANTH K., P.VISHNU, DILEEP, ARCHANA, SURESH, KRISHNENDU T., S.JINSON JACOB
Public interest litigations must demonstrate genuine public interest with sufficient factual basis for the court to consider them valid.
Headnote:
Mandamus - Writ Petition - Ext. P1, Ext. P2 - The court dismissed the writ petition for lacking basic material and not establishing an obligation for the Chief Secretary to act on the representation, emphasizing the need for bona fide public interest behind such petitions.
Fact of the Case:
The petitioner filed a writ petition seeking a mandamus to the Chief Secretary to act on a representation regarding the recovery of unpaid amounts for police personnel deployed at Techno Park, claiming misuse of police resources by a former DGP.
Finding of the Court:
The court found that the writ petition lacked the necessary basis to establish a public interest litigation and that there was no specific obligation on the Chief Secretary to take action on the representation made by the petitioner.
Issues: Whether the Chief Secretary has an obligation to act upon the representation made by the petitioner concerning police personnel deployment at Techno Park.
Ratio Decidendi: The court ruled that a writ petition must show bona fide public interest and a legal basis for the requested action, which was absent in this case.
Final Decision: The writ petition is dismissed.
J U D G M E N T
S. Manikumar, C. J.
Petitioner, stating to be the Editor of Kerala Green News, Kochi, has filed the instant writ petition, seeking the following relief:-
“Issue a Writ of Mandamus commanding the 1st respondent to dispose of Ext. P2 representation forthwith, after hearing the petitioner.”
2. Brief facts leading to the filing of the writ petition are as hereunder:-
Petitioner has submitted that he has preferred Ext. P2 representation dated 16.07.2022 before the Chief Secretary, Government of Kerala, Thiruvananthapuram, the 1st respondent, against inaction on the part of Mr. Loknath Behera, Former Director General of Police, Kerala, the 2nd respondent, to recover the amount paid to the Police personnel deployed at Techno Park, while he was the Director General of Police of the State of Kerala. Petitioner has sought for a direction to the Chief Secretary, Government of Kerala, the 1st respondent, to consider and pass appropriate order / take action on Ext.
P2 forthwith.
3. In support of the averments made in the writ petition and the prayer, petitioner has relied on Ext. P1 letter dated 23.07.2021 of the Commandant, State Industrial Security Force, Thiruvananthapuram, addressed to the Chief Executive Officer, Techno Park, Thiruvananthapuram.
4. According to the petitioner, Techno Park has not paid the amount to the Police Department for deploying State Industrial Security Force, and therefore, petitioner has sent Ext. P2 representation dated 16.07.2022 to the Chief Secretary, Government of Kerala, Thiruvananthapuram, the 1st respondent, which reads thus:-
“16.07.2022 M.R. Ajayan, Editor, Green Kerala News, Mattappilly House, Ochanthuruth PO, Kochi-682 508 The Chief Secretary, Government of Kerala, Secretariat, Thiruvananthapuram-695 001.
Respected Chief Secretary, Sub: Enquiry into misuse of police personnel by former DGP Mr.
Loknath Behera.
Ref: Notification No: G1-5067/2020/SISF dated 23.07.2021.
It is understood that when police personnel where deployed at Techno Park, Thiruvananthapuram and Info Park, Kochi, the bill of cost against the deployment of such police personnel was to be met by the Techno Park itself. But when Mr. Loknath Behera who was the DGP he deployed police personnel at Techno Park, without recovery the amount paid to the police personnel from Techno Park, especially because his wife was an employee at Techno Park. He has thus willfully caused heavy loss to the public exchequer. Hence necessary orders should be issued to recover the said amount from Mr. Loknath Behera personally.
With regards, Sd/-
M R Ajayan”
5. Representation reads that orders should be issued to recover the amount from Mr. Loknath Behera, the then Director General of Police and State Police Chief, Government of Kerala, for deploying Police personnel by State Industrial Security Force.
6. Posed with a question as to whether there is any obligation to pay the amount by Techno Park, Thiruvananthapuram, for deployment of Police personnel by State Industrial Security Force, Mr. B. A. Aloor, learned counsel for the petitioner, is unable to point out any specific obligation imposed in Ext. P1 letter dated 23.07.2022 of the Commandant, State Industrial Security Force, Thiruvananthapuram, or any provision obligating payment for providing security arrangements at Techo Park, Thiruvananthapuram.
7. We deem it fit to extract the principles of law summarized by us in an unreported judgment dated 30.06.2020 in B. Radhakrishna Menon v. State of Kerala and Ors. [W.P.(C) No.12109 of 2020], as regards a public interest litigations, wherein it is held thus:
“45. Placing reliance on the above decisions, the learned Senior Government Pleader submitted that a public interest writ petition which lacks bona fides, lack of particulars satisfying the requirements of a PIL, deserves to be dismissed with costs. Having regard to decisions considered inMythri Residents Association v. Secretary, Tripunithura Municipality and Others, [ 2019 KHC 832 ], it has been summar
