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2024 Supreme(Online)(MAD) 16475
HIGH COURT OF MADRAS
Honourable The ACTING CHIEF JUSTICE
KANNAN SWAMINATHAN – Appellant
Versus
UNION OF INDIA – Respondent
Public interest litigation should genuinely advocate the public's cause, not serve personal grievances or connections.
Headnote:
PIL - Public Interest Litigation - Article 47 - Public Interest vs. Private Interest.
Fact of the Case:
A petitioner filed a public interest litigation against a respondent for alleged corruption in a drinking water supply tender, claiming violations of guidelines. The respondent contended that the petitioner had a personal interest due to familial connections.
Finding of the Court:
The court assessed whether the petition was genuine public interest litigation or personal interest litigation by considering the petitioner's connections. It concluded that the petition lacked public interest.
Issues: Whether the petition constituted genuine public interest litigation or was a private interest litigation due to the petitioner's familial connections to a contractor.
Ratio Decidendi: Public interest litigation must genuinely represent the public’s interest. The court focused on the bona fides of the petitioner and found the litigation to serve personal interests.
Final Decision: The petition was dismissed with a cost of Rs. 50,000 for being frivolous.
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The writ petition has been filed as a public interest litigation, seeking a direction to the Special Investigation Team (SIT) to initiate an investigation under the supervision of this Hon'ble Court and/or the CVC, into the charges of corruption, criminal misconduct etc. against the third respondent and consequential action thereupon by considering the petitioner's representation dated 16.02.2024.
2. The petitioner has stated that he has no personal interest in the litigation and the writ petition is not guided by self-gain nor for gain for any other person/institution/body. He is a Civil Engineer and has 20 years of national and international experience in the water supply and sewerage project.
3. According to the petitioner, the third respondent has not conducted the tender process for drinking water supply across Tamil Nadu in a transparent manner as per the Central National Jal Jeevan Mission Guidelines.
4. It is stated that Article 47, namely duty of the State to raise the level of nutrition and the standard of living and to improve public health, is violated since Indian Standard IS 12288 was not followed. Further, the testing of pipeline as to the soundness, leak tightness of pipes and fittings, tightness of joints, soundness of any construction work has not been done. The test pressure is not followed which is in violation of IS 12288-1987. Disinfection of drinking water before commissioning for use has not been made as per IS 12288-1987. Similarly, the removal of pavement and road surfaces for trench excavation and for installation of gate valves, manholes or other structures, etc. has not been made as per IS 12288-1987.
5. Contending that if the laying of pipelines result in leakage of water and mixing sewerage water, it would cause danger to the life of the people at large in Tamil Nadu, the petitioner has made a complaint to the National Jal Jeevan Mission on 17.02.2024 in respect of corruption involved. The National Jal Jeevan Mission forwarded the complaint to the Principal Secretary to Government of Municipal Administration and Water Supply of Tamil Nadu for necessary action. Thereafter, the complaint was forwarded to the second respondent by the first respondent. As no action was taken, the petitioner has filed this writ petition.
6. The third respondent has filed an affidavit raising preliminary objections to the allegations of the petitioner. It is stated that one Ganapathy Swaminathan of M/s. Swetha Constructions, Kumbakonam, Thanjavur District, is the brother of the petitioner. The said Ganapathy Swaminathan is a registered contractor and looking after the operation and maintenance of Combined Water Supply Schemes (CWSS) of Tamil Nadu Water Supply and Drainage Board since 2019 and was awarded contract for maintenance of Combined Water Supply Scheme at five Town Panchayats in 2022-23.
7. The Tamil Nadu Water and Drainage Board has revised the performance based bid document for operation and maintenance of Combined Water Supply Scheme for three years from 2023-24 to 2025-26 and invited tenders. The said Ganapathy Swaminathan, brother of the petitioner, did not fulfill the criteria and therefore, became ineligible to participate in the tender. Even the attempt of the petitioner to be empanelled as a Third Party Agency did not fructify on the ground that selection is through a transparent tender process and can apply whenever it is called for and have to go through a normal course of selection.
8. The third respondent has filed a preliminary objection with regard to maintainability of the writ petition by contending that the petitioner has suppressed the above facts and there is no element of public interest involved in the writ petition.
9. Heard Mr.Thamizhanban, learned counsel appearing for the petitioner, Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents 1 and 2, Mrs.S.Mekhala, learned counsel for the third r
