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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
SHAMSUDHEEN C. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the nature of pils requires scrutiny to prevent misuse for ulterior motives. (Para 1 , 2 , 3) |
| 2. the petitioner claims to be fighting for public interest but lacks prior credentials in similar litigations. (Para 4 , 5 , 6) |
| 3. details of the tender process and the qualifications of bidders are critical in tender disputes. (Para 7 , 8 , 9 , 10 , 11) |
| 4. proxy litigation poses risks of judicial resource wastage and undermines legitimate litigants. (Para 12 , 13 , 14 , 15) |
| 5. the court ruled for dismissal due to lack of merit and the nature of the litigant's standing. (Para 16) |
JUDGMENT
locus standi The rule of is put to an acid test in this Public Interest Litigation. We are not unmindful of the fact that Public Interest Litigation (PIL), which is a judicial creation that evolved in the early 1980s to enable constitutional courts to admit petitions filed by a person who may not be classically defined as a “person aggrieved” and not having a personal interest in the matter, appears to have been necessitated primarily to protect the fundamental rights of marginalised groups and sections of the society who, due to their extreme poverty, illiteracy and ignorance, failed to app
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