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Public Interest Litigation Filed Purely On The Basis Of News Paper Report Is Not Maintainable: Kerala High Court

LIVELAW NEWS NETWORK
26 Nov 2020 1:14 PM GMT
Public Interest Litigation Filed Purely On The Basis Of News Paper Report Is Not Maintainable:  Kerala High Court
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Public Interest Litigation filed purely on the basis of paper report is not maintainable, the Kerala High Court observed.The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by a social worker seeking a direction to authorities to complete the reconstruction work of the Perumbuzha bridge. To substantiate his case, he had produced a report...

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Public Interest Litigation filed purely on the basis of paper report is not maintainable, the Kerala High Court observed.

The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by a social worker seeking a direction to authorities to complete the reconstruction work of the Perumbuzha bridge. To substantiate his case, he had produced a report published in Malayala Manorama Daily newspaper. The report stated that, due to the regulations for the transport of vehicles through Perumbuzha bridge, the public at large is severely affected.

Senior Government Pleader, opposing the plea, submitted before the court that materials on record do not satisfy Rule 146A of the Rules of High Court of Kerala, 1971, dealing with public interest writ petition.

Giving due consideration to the decisions of the Hon'ble Supreme Court, on Public Interest Litigations, merely on news paper reports, no writ petition can be entertained, the court said.

The Court also noted that as per Rule 146A, a person filing a Public Interest Litigation, in addition to the requirements stipulated in the other rules of this chapter, shall precisely and specifically affirm in the affidavit to be sworn to by him the public cause he is seeking to espouse, that he has no personal or private interest in the matter, that there is no authoritative pronouncement by the Supreme Court or the High Court on the question raised and that the result of the litigation shall not lead to any undue gain to himself or to anyone associated with him

Due to the imperatives contained under Rule 146A of the Rules of High Court of Kerala, we are also of the view that the instant writ petition filed as Public Interest Litigation, does not satisfy the requirement, the bench added.

Case: M.V.Arun vs. The District Collector [WP(C).No.25012 OF 2020(S)]
Coram: Justices Chief Justice S. Manikumar and Justice Shaji P. Chaly

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