IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 28345 of 2010(S) -------------------------------- PETITIONER: --------------- BAISIL ATTIPETTY @ BASIL A.G., ATTIPETTY HOUSE, NAYARAMBALAM P.O., ERNAKULAM-682 509. BY PARTY IN PERSON RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-690 001. 2. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF AGRICULTURE, NEW DELHI, PIN-110001. 3. THE SECRETARY, MINISTRY OF FOOD & PUBLIC DISTRIBUTION, GOVERNMENT OF INDIA, KRISHIBHAVAN, NEW DELHI, PIN-110016. 4. THE SECRETARY, FOOD CORPORATION OF INDIA, NEW DELHI-110 016. 5. THE COMMISSIONER, CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 6. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. R1,R5 & R6 BY SR. GOVERNMENT PLEADER SRI.BENNY GERVASIS R2 & R3 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL R4 BY STANDING COUNSEL SRI.VIVEK VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No. 28345 of 2010 ------------------------------------------ Dated this the 23rd day of September, 2010 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i) Issue a mandamus or direction or order to the 1st respondent to release food grains as directed by the Hon'ble Supreme Court. ii) Issue mandamus or any other direction or writ to 2nd respondent to supply the food grains free of cost to the people of Kerala who are downtrodden afflicted and below poverty line (BPL) and to the deserved. iii) Issue direction or writ or order to the respondents to obey the order of the Hon'ble Supreme Court in letter and spirit and supply the food grains free of cost to the deserved and poor people of Kerala State also. iv) To declare that the charging of fee, price or cost to the food grains to be supplied to the deserved in the Kerala State in accordance with the Supreme Court order is WP(C) No.28345 of 2010 - 2 - illegal, unjust, unfair and ultravires to the provisions of the Constitution of India and the law declared by the Hon'ble Supreme Court in the issue. v) To direct the respondents to obey the Hon'ble Supreme Court order in accordance with Article 141, 142 & 144 of the Constitution of India without any failure. Direct the respondents an action take reports on th issue immediately. vi) Issue such other orders/directions/alternate remedies/reliefs as deemed fit and necessary and proper by this Hon'ble Court on the facts, and in the circumstances of the case. vii) Direct the respondents not to charge any price, cost or fee from the deserved community members of Kerala for the supply of food grains as directed by the Hon'ble Supreme Court of India. Direct the respondents to refund the price to the afflicted collected if any for free food grains supplied as per the direction of the Hon'ble Supreme Court to the poorest of the poor of Kerala State. viii) Declare that the poorest of the poor people of Kerala are entitled to receive the food grains free of cost as directed by the Hon'ble Supreme Court and WP(C) No.28345 of 2010 - 3 - direct the respondents to supply food grains free of cost forthwith as directed by the Hon'ble Supreme Court.” 2. The petitioner is a practising lawyer. According to the petitioner, the Supreme Court had already declared that the food grains should be distributed free of cost to the people of this country. That is the assertion of the petitioner. We do not see any purpose in the petitioner approaching this Court again for the same direction. We are of the opinion that the instant writ petition styled as a public interest litigation is a sheer abuse of the process of this Court. The writ petition is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns