Over 2 lakh Indian cases. Search powered by Google!

Case Details

K.V.KUMARAN versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


K.V.KUMARAN v. THE STATE OF KERALA, REPRESENTED BY - WP(C) No. 20414 of 2007(S) [2007] RD-KL 12008 (4 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20414 of 2007(S)

1. K.V.KUMARAN,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED BY
... Respondent

2. SHRI. V.S.ACHUTHANANDAN,

3. SHRI. PINARAYI VIJAYAN,

4. SHRI. VELIYAM BHARGAVAN,

5. SHRI. ISMAIL,

6. SHRI. K.SURESH KUMAR, I.A.S.,

7. SHRI. RAJU NARAYANA SWAMY,

For Petitioner :SRI.K.V.KUMARAN (PARTY-IN-PERSON)

For Respondent : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :04/07/2007

O R D E R

H.L.DATTU, C.J. & K.T.SANKARAN,J.

W.P.(C). NO. 20414 OF 2007

Dated this the 4th July, 2007



JUDGMENT

H.L.DATTU, C.J. Petitioner is an advocate and also the Chairman of Social Democratic Party. He is also a tax payer. The primary relief that he is seeking in his petition is to direct sixth and seventh respondents in the writ petition to go ahead with the eviction of encroachers in the Munnar area ignoring the instructions issued by the Chief Minister of the State or any other authority.

2. The basis for the allegations made in this petition is only newspaper reports. Apart from this, there is no other evidence produced by the petitioner in support of the assertion and allegation in the Writ Petition. In a scenario like this, can we entertain the so-called Public Interest filed by the petitioner. We need not have to make a research to search for an answer for the question we have posed. The Supreme Court in the case of Kushum Lata v. Union of India and others ((2006) 6 SCC 180), has observed as under:

"It is also noticed that the petitions are based on newspaper reports without any attempt to verify their authenticity. As observed by this Court in several cases, newspaper reports do not constitute evidence. A petition based on unconfirmed news reports, without verifying their authenticity should not normally be entertained. As noted above, such petitions do not provide any basis for verifying the correctness of statements made and information given in the petition. It would be desirable for the courts to filter out the frivolous petitions and dismiss them with costs as aforestated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the courts." W.P.(C). NO.20414 OF 2007 S

3. Precious time of the court is being wasted in dealing with this type of public interest litigation where the allegations are made in the petition solely based on newspaper reports. In our view, filing of this type of litigation should be discouraged as observed by the Supreme Court by rejecting the petitions at the initial stage itself.

4. In view of the above, keeping in view the observations made by the Supreme Court in the aforesaid decision, this petition requires to be rejected and it is rejected. But keeping in view that this petition is filed by a lawyer, we do not intend to impose any costs. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/ H.L.DATTU, C.J. &

K.T.SANKARAN, J.

W.P.(C).NO. 20414 OF 2007S

JUDGMENT

4th July, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.