R. S. Lal Mohan, Former Principal Scientist of Indian Council of Agriculture Research (Govt. Of India) v. The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District
2007-02-16
G.RAJASURIA, M.CHOCKALINGAM
body2007
DigiLaw.ai
Judgment :- M. Chockalingam, J. This public interest litigation seeking a writ of certiorarified mandamus to quash the proceedings of the first respondent dated 29.7.2004, has been brought forth by the petitioner alleging that there is a park, which has actually been notified as public park; that it has all along been in the past and used so; that while the matter stood thus, there was a license issued by the Municipality, the first respondent herein, in favour of the fourth respondent; that subsequently, it was also extended; that the issuance of the license itself was bad; that apart from that, the extension of the same was unlawful; that there has been breach of the terms and conditions of the license; that under the circumstances, suits have emerged before the District Munsif, Nagercoil; that originally, a writ petition was filed in W.P.No.1008/2004; that by an order dated 27.1.2004, the same came to be dismissed by this Court; that thereafter, two suits have been filed at the instance of the petitioner herein, one for declaration that the extension of the license is unlawful, and the other for permanent injunction restraining the defendant from raising any construction separating the Municipal park from the Municipal Library and from realizing any fee for the use and beneficial enjoyment of the Park and Library by the public; that a suit has also been filed by the fourth respondent against the first respondent herein in O.S.No.596/2005 for a permanent injunction restraining the defendant Municipality from interfering with the peaceful possession and enjoyment of the property; that apart from that, a writ petition filed by the inter se between the first respondent and the fourth respondent, is also pending in the hands of this Court, and under the circumstances, it has become necessary for the petitioner to file this petition for the said relief. 2. Affidavit in support of the petition is perused. The Court heard the learned Counsel for the petitioners and paid its anxious consideration on the submissions made. The Court also perused the available materials. After doing so, this Court is of the considered opinion that the writ petition does not require admission in the hands of this Court for more reasons than one. 3. Firstly, it is an admitted fact that the first respondent Municipality has issued a license in favour of the fourth respondent.
The Court also perused the available materials. After doing so, this Court is of the considered opinion that the writ petition does not require admission in the hands of this Court for more reasons than one. 3. Firstly, it is an admitted fact that the first respondent Municipality has issued a license in favour of the fourth respondent. It remains to be stated that the same was never challenged by the petitioner herein in any proceedings. Secondly, there was a writ petition filed before this Court in W.P.No.1008/2004, which was also taken up for consideration, and it was dismissed on 27.1.2004 at the initial stage itself on the ground that already auction was conducted and the work was entrusted to Ashok Kumar, the fourth respondent herein. The petitioner has never challenged the license itself. Apart from that, leave was also sought for and denied. It is an admitted position that the said order was not taken before the upper forum. Now, the suits are pending. One of the suits filed by the petitioner herein, is pending in O.S.No.474/2005 on the file of the District Munsif, Nagercoil, for a declaration that the extension of the license granted by the first respondent in favour of the fourth respondent, is illegal. Besides that, the respondents 1, 2 and 4 herein are exactly the defendants in the suit that is also pending consideration. In short, it could be stated that the grievance of the petitioner in that suit and also before this Court is the extension of the license granted in favour of the fourth respondent. If to be so, it is a matter to be investigated by adducing evidence on either side, without which a decision cannot be arrived at. This Court of writ jurisdiction is not called upon to go into or investigate the evidence to be adduced by the parties. Apart from that, in the instant case, the petitioners have not made any attempt to seek the remedy in respect of the license originally granted; but, they are attacking the extension of license, in respect of which a suit is already pending before the Court of District Munsif, Nagercoil. This Court is of the considered opinion that the writ petition has been filed simply branding as Public Interest Litigation for such relief, and the same is liable to be dismissed. 4.
This Court is of the considered opinion that the writ petition has been filed simply branding as Public Interest Litigation for such relief, and the same is liable to be dismissed. 4. Hence, this writ petition is dismissed at the admission stage itself. No costs. Consequently, connected MPs are also dismissed.