IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12241 of 2008(S)
1. C.P.BABU, SECRETARY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.S.UNNIKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :08/07/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
-------------------------------------------
W.P.(C) No.12241 of 2008
------------------------------------------
Dated this the 8th day of July, 2008
JUDGMENT
H.L.Dattu, C.J.
Petitioner calls himself a public spirited citizen. He also
claims that he is the Secretary of the Kerala State Warehousing
Corporation Workers Samithi.
2. In the writ petition filed, the petitioner seeks for a
direction to the respondent, namely the State of Kerala, to take action on
Ext.P2 (vigilance enquiry report) within a reasonable time.
3. Ext.P2 is dated 28.10.1999. In the said report, there are
some adverse findings against one of the Managing Directors of the
Kerala State Warehousing Corporation for the period from 1996 to 2001.
4. Admittedly, the petitioner was elected as the Secretary of
the Kerala State Warehousing Corporation Workers Samithi some time in
2002. The said Samithi was got registered under the provisions of the
Kerala Literary, Scientific and Charitable Societies Registration Act in the
year 2004. According to the petitioner, he was trying to unearth the
vigilance enquiry report said to have been made against the Managing
Director of the Warehousing Corporation who was holding the office
during the period from 1996 to 2001.
W.P. (C)No.12241 of 2008
2
5. In our opinion, by filing this writ petition, the petitioner
intends to agitate a stale claim that cannot be permitted, unless the
petitioner has explained satisfactorily the delay in approaching this Court.
There is no explanation much less proper explanation in filing the Writ
Petition belatedly. Secondly, the averments made in the writ petition
would clearly demonstrate that the petitioner is trying to do witch hunting
of a person who was the Managing Director of the Warehousing
Corporation during the period from 1996 to 2001. Even this also cannot
be permitted in a Public Interest Litigation.
6. For these two reasons, we do not intend to entertain this
public interest litigation. Accordingly, the writ petition requires to be
rejected and it is rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns/dk.