IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 W.P.(C).No.15362 of 2008(S) ------------------------------------------------ PETITIONER:- -------------------- ATHIJEEVANA VEDI, A CHARITABLE ORGANISATION REPRESENTED BY ITS CHAIRMAN C.P.SUPRAN, AGED 65 YEARS, S/O.PAPPU, CHELAKATTU HOUSE, THIRUVANKULAM P.O., KADUNGAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN JOSEPH (ROY) SRI.RUSSEL JOY RESPONDENTS:- ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 33. 4. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. 5. THE TAHSILDAR, KANAYANNUR TALUK, OLD COLLECTORATE, OPP: SUBHASH PARK, ERNAKULAM. W.P.(C).NO.15362 OF 2008. - 2 - 6. THE VILLAGE OFFICER, KUREEKADU VILLAGE, KUREEKADU, ERNAKULAM DISTRICT. 7. THE VILLAGE OFFICER, KANAYANNOOR VILLAGE, ERNAKULAM DISTRICT. 8. THE SECRETARY, CHOTTANIKKARA GRAMA PANCHAYATH, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT. 9. M/S.ANSAL BUILD WELL LTD., REPRESENTED BY ITS MANAGER, ANSAL RIVER DALE, NEAR ARAKKAKADAVU BRIDGE, EROOR, TRIPUNITHURA. R1 TO R7 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.P.(C).No.15362 of 2008-S ---------------------------------------------- Dated, this the 16th day of September, 2008 JUDGMENT H.L.Dattu,C.J. Petitioner is a charitable organization, functioning for more than twenty years at Thiruvankulam. The petitioner claims, that, it has interest in protecting the environmental issues, social issues and all round development of the locality, etc. 2. This writ petition is styled as a “public interest litigation”. In the petition, the petitioner organization calls in question the orders passed by the Commissioner of Land Revenue dated 2.7.2007. By the said order, the Land Revenue Commissioner, while allowing the appeal filed by the 9th respondent, has set aside the orders passed by the District Collector. 3. Petitioner asserts that the land in question is a paddy field and the Land Revenue Commissioner ought not to have set aside the orders passed by the District Collector and permitted the 9th respondent to construct a multi-storeyed complex. 4. At the outset, we suspect the bona fides of the petitioner organization. In and around Kochi, large extent of paddy fields had been reclaimed and multi-storeyed buildings were constructed on those lands. At no point of time, the petitioner organization had approached this Court calling in question the orders passed by the authorities concerned, wherein WP(C).No.15362 of 2008-S - 2 - the authorities had permitted such reclamation of lands. It is only now the petitioner would contend, that, by virtue of the orders passed by the Land Revenue Commissioner it will cause inconvenience to them. 5. In our view, if, for any reason, the members of the petitioner organization are facing any inconvenience, that cannot be projected in a petition filed in the name of “public interest litigation”. In that view of the matter, the prayers sought for by the petitioner in this writ petition cannot be granted by us. Therefore, the writ petition requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge