IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 OP.No. 26784 of 1999(I) ------------------------------------------- PETITIONERS:- -------------------- 1. BABY GEORGE, AVIRAPATTU HOUSE, THATTEKADU P.O., KOTHAMANGALAM, NOW RESIDING AT KIZRPLATZ 29, 12100 WIEN AUSTIRA. 2. SHINY JAYAN, W/O. LATE JAYAN VARGHESE, AVIRAPPATTU HOUSE, THATTEKKADU P.O., KOTHAMANGALAM. BY ADV. SRI.BENOY THOMAS SRI.PAULSON THOMAS RESPONDENTS:- ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. COMMISSIONER AND SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. O.P.26784/1999 -2- 6. SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 7. SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 8. STATE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONER'S OFFICE, THIRUVANANTHAPURAM. 9. STATE TRANSPORT AUTHORITY, OFFICE OF THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM. 10. KERALA STATE ROAD SAFETY COUNCIL REPRESENTED BY ITS CHAIRMAN, SECRETARIAT, THIRUVANANTHAPURAM. 11. DIRECTOR GENERAL OF POLICE, OFFICE OF THE D.G.P., THIRUVANANTHAPURAM. 12. INSPECTOR GENERAL OF POLICE IN CHARGE OF TRAFFIC, OFFICE OF THE INSPECTOR GENERAL OF POLICE (IN CHARGE OF TRAFFICE), THIRUVANANTHAPURAM. 13. UNION OF INDIA REPRESENTED BY PRINCIPAL SECRETARY TO MINISTER OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI. 14. PRINCIPAL SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, CENTRAL SECRETARIAT, NEW DELHI. 15. PRINCIPAL SECRETRAY, MINISTRY OF ENVIRONMENT, CENTRAL SECRETARIAT, NEW DELHI. 16. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOCHI. 17. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM. O.P.26784/1999 -3- 18. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, CALICUT. 19. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, NEW DELHI. ADDL 20. ERNAKULAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION 36/1198, ASSOCIATION BUILDINGS, LISSIE JUNCTION, KOCHI-18, REPRESENTED BY ITS GENERAL SECRETARYM.B.SATHYAN. (ADDITIONAL RESPONDENT NO.20 IS IMPLEADED AS PER ORDER DATED 13-1- 2000 ON CMP.NO.52392/1999) R1, R2, R5 TO R7 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R13, R14, R15, R19 BY SRI.MURALEEDHARA KAIMAL, ADDL.CGSC R17 BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPORATION R18 BY SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORPORATION SRI.S.KRISHNAMOORTHY SRI.N.RAJAGOPALAN NAIR SRI.KPG.MENON SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.26784/1999: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1--TRUE COPY OF FIRST INFORMATION REPORT PREPARED BY THE HEAD CONSTABLE HC E 3771 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA NO.213 DATED 25-3-1998. EXT.P2-- TRUE COPY OF POST-MORTEM CERTIFICATE ISSUED BY THE DISTRICT POLICE SURGEON, GENERAL HOSPITAL, ERNAKULAM DATED 26-3-1998. EXT.P3-- SERIES OF TRUE COPIES OF PAPER REPORTS PUBLISHED IN VARIOUS KERALA DAILIES DURING THE YEARS 1998-99. H.L.DATTU, C.J. & K.T.SANKARAN, J. ------------------------------------------------------ O.P.No.26784 of 1999-I ------------------------------------------------------- Dated, this the 26th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The first petitioner is an Indian citizen and native of Kothamangalam Taluk in Kerala. It appears that the first petitioner's brother met with an accident on 25th March, 1998 and succumbed to injuries on the same date. It is further stated that the first petitioner's brother late Jayan Varghese was driving his jeep from Aluva to Kothamangalam. It is also stated that a Stage Carriage came from the opposite direction which was driven in a rash and negligent manner collided with the jeep driven by the petitioner's brother. It is further stated that en route to the hospital, the first petitioner's brother died. (2). The second petitioner is the widow of the person who died in the accident. (3). In this public interest litigation filed, the petitioners have prayed for multifarious reliefs. All these reliefs are based on the reports which appeared in the newspapers. Based on those reports the petitioners request us to issue appropriate directions to the State Government, the Police authorities and the Officers of the Transport Department. (4). Time and again the Apex Court has observed that the reports appearing in the newspapers are only a piece of evidence. In a petition based on the unconfirmed newspaper reports and without any other O.P.26784/1999 -2- material in support of those reports, the writ Court is not expected to exercise its jurisdiction. (See Kushum Lata Vs. Union of India { (2006 (6) SCC 180}). (5). The grievances made out by the petitioners in this original petition is that the first petitioner's brother died in an accident and therefore there is negligence on the part of the respondents and therefore, this Court should issue appropriate directions to the respondents. (6). In our opinion, the lis so filed by the petitioner can never be considered as a Public Interest Litigation. At the most it can have the status of a private interest litigation. Therefore, we do not intend to entertain this original petition firstly for the reason that it does not have the characteristics of a Public Interest Litigation and secondly that the petitioners have filed this petition primarily based on the unconfirmed newspaper reports. In that view of the matter, we decline to entertain this original petition. Accordingly, the Original Petition requires to be rejected and it is rejected. (7). Consequently, all pending interim applications are rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.T.SANKARAN) JUDGE MS/DK