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 WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22997 of 2011(S) ------------------------------------ PETITIONER: ------------------ JAYASANKAR.V.S., S/O V.VIJAYAN, JAYA BHAVANAM, PONGALADI, THATTAYIL, PATHANAMTHITTA-691 525. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: ---------------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVT., REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA-689 645. 3. THE LOCAL LEVEL MONITORING COMMITTEE, PANDALAM THEKKEKARA PANCHAYAT, PATHANATHITTA REP. BY ITS CHARMAN. 4. THE BHARAT PETROLEUM CORPORATION LTD., AMM'S OFFICE, 1st FLOOR, PETRONEL C.C.K. LTD., IRUMPANAM – 682 309 REP. BY ITS GENERAL MANAGER. 5. SRI.K.G.KUMARA GURUVARAN, KUZHIVELIL PUTHEN VEEDU, PARAKKARA P.O., THATTAYIL, ADOOR ROAD, PATHANAMTHITTA – 691 525. 6. MR.VARGHESE, S/O KOSHY, SUJA NILAYAM, MALLIKA MURI, THATTAYIL, PATHANAMTHITTA – 691 525. BY GOVT. PLEADER SRI.BENNY GERVACIS FOR R1-2 SC SRI.N.N.SUGUNAPALAN (SR.) FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 22997/2011 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER SHOWING THE LIE OF THE PROPERTY IN RS 373/3 WHICH IS THE PROPOSED LAND FOR PUTTING UP THE PETROLEUM OUTLET. EXT. P2 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT AND ITS TRANSLATION EXT. P3 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE THIRD RESPONDENT AND ITS TRANSLATION /TRUE COPY/ J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 22997 of 2011 ---------------------------------------------- Dated this the 24th day of August, 2011 JUDGMENT Ramachandra Menon,J This Writ Petition, styled as a Public Interest Litigation, is filed by the litigant, stating that a petrol pump is intended to be set up by respondents 4 to 6 in the plot situated in Sy.No.373/3 of Pandalam Tehkkekkara Village in Adoor Taluk, Pthanamthitta District. The grievance of the petitioner is that the land in question is actually a 'wet land', which is not liable to be reclaimed by virtue of the prohibitory provisions contained in the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The action sought to be pursued by respondents 4 to 6 is under challenge in this Writ Petition. 2. Heard the learned Standing Counsel for the fourth respondent-Company as well. 3. The learned counsel for the petitioner submits that the petitioner, who is stated as residing nearby, came to know about the proceedings only 'very recently', when he preferred Exhibit P2 representation/complaint dated 12.8.2011 before the second respondent. Obviously, the setting up of the petrol pump is WP(C).No.22997/11 2 pursuant to a selection process finalised by the fourth respondent. Going by the pleadings and proceedings, it appears that the selection was finalised by the fourth respondent enabling respondents 4 and 5 to set up the petrol pump much earlier, pursuant to the notification issued in this regard. 4. The petitioner, who is stated to be a 'public spirited citizen' and a neighbour of the locality contends that he came to know of the proceedings only 'very recently' leading to filing of Exhibit P2 representation dated 12.8.2011 and has rushed to this Court within one week thereafter, which contention cannot be simply swallowed, without a pinch of salt. We reasonably presume that the idea of the petitioner is something else. We do not propose to make any further observation in this regard; but for holding that we do not find any public interest in the Writ Petition, to call for interference. Writ Petition fails and it is dismissed accordingly. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs