IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 4512 of 2009(S) --------------------------------------------- PETITIONER: ------------------- ABDUL SHUKKOOR, S/O.KOCHUMUHAMMED, AGED 42 YEARS, MATTATHIVELI, THRICHATTUKULAM.P.O, CHERTHALA TALUK. BY ADV. SRI.S.SREEDEV RESPONDENTS: ----------------------- 1. THE SECRETARY, PANAVALLY GRAMA PANCHAYAT, PANAVALLY, CHERTHALA TALUK. 2. ROY M.MATHEW,S/O.MATHEW,AGED 57,CHAIRMAN COPPICO KERALA RESORTS(P)LTD,APARTMENT 50, M.R.SQUARE, D.H.ROAD, ERNAKULAM. ADV. SRI.A.JAYASANKAR FOR R1 SRI.MANU GOVIND FOR R1 SRI.P.GOPINATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No. 4512 of 2009 ------------------------------------------ Dated, this the 7th day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. This alleged public interest litigation is filed to stop the destruction of natural beauty of Vembanad backwaters and especially the alleged illegal construction taken up by the second respondent. Petitioner claiming to be a resident and interested in maintaining the scenic beauty of the nature and environmental preservation has come up with this public interest litigation. 2. On issuance of notice, the Panchayat as well as the second respondent have filed their counter affidavits. After going through the same and after hearing the learned counsel for the petitioner, it is apparent that the wife of the petitioner is having some business transaction with the second respondent W.P.(C) No.4512 of 2009 - 2 - and in view of the estranged relationship in the business, he has filed this public interest litigation. It is to be noted that even though the construction started in the year 2007, only on the failure of the petitioner or his wife in getting certain benefits from the second respondent, he has invoked the jurisdiction of this Court under the guise of public interest litigation. Such invocation of jurisdiction of this Court for personal interest under the guise of public interest litigation is to be deprecated. Hence while dismissing the writ petition, we impose exemplary costs of rupees twentyfive thousand on the petitioner to be paid to the Kerala High Court Legal Services Committee within four weeks from today. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns