Kerala Land Assignment Rules - Rules 2 (c) , 11 & 12 Assignment of government land to private persons - Government cannot exercise the power arbitrarily - Power can be exercised only in conformity with the guidelines .- In case where authorities are taking steps to assign government property to private persons discarding and by-passing statutory inhibitions and mandatory provisions a petition brought under Art.226 of the Constitution to interdict the perpetuation of the illegality and resultant injury to public cannot be thrown overboard by conducting an investigation into the juristic existence of the petitioner . In such cases, petitioners' role get transformed into that of a mere informant enabling the court to take cognizance of the issue. [Youth Voice Arts Social & Cultural Organisation vs. State of Kerala and others, 2001 (3) KLT 909 = 2001(2) KLJ 761. [K.K.Denesan (J)]
Administrative Tribunals - Cannot entertain public interest litigation's at the instance of a stranger - Jurisdiction of tribunal - Administrative Tribunals Act, 1985.
A total stranger to the concerned service cannot make an application before the Tribunal. If public interest litigation's are allowed to be entertained at the instance of strangers by the Tribunal, the very object of speedy disposal of service matters would get defeated. In order to bring a matter before the Tribunal, an application has to be made and the same can be made only by a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal. [ Duryodhan Sahu vs. Jitendran Kumar Misra. AIR 1999 SC 114. = 1998(7) SCC 273 = 1998(5)JT 645 = (1998)4 SCALE 643. S.C.Agrawal, S.Sagir Ahmad, and M..Sreenivasan {JJ}]
Contempt of Court- Refusal to response will amount to- PIL.
Information sought from different States for final adjudication. In case of no response, to the Court's direction, Home Secretaries of defaulting States shall be deemed to be contempt of the courts' direction. [Sheela Barse vs Union of India. 25 ACC 370=1988 BLJR 587]
Costs-who should be given- Person doing deep research - Rs.10000/- awarded.
Person doing deep research and bringing before Court's notice on unconstitutional practice adopted by a State Government directed to be paid by the State Rs.10000/ by way of costs [ D.C.Wadhwa vs State of Bihar. AIR 1987 SC 579 = (1998)1 SCC 378. P.N.Bhagwati, R.N.Misra, G.L.Oza, M.M.Dutt and K.N.Singh {JJ} ]
Costs -Penal costs - Non-participation in proceedings by Respondent.
Directions issued by the Court from time to the concerned department of the Central Government in connection with the disposal of the writ petition not yet complied with resulting in adjournment of proceedings. Adjournment occasioned entirely on account of default of the Government. Court directed the Union of India to pay Rs. 10000/- as costs. Non-participation of statutory body like Medical Practice depreciated. [Vincent Panikulangara vs. Union of India. 1987 Supp SCC 90 = 1986(2) SCALE 801. P.N.Bhagawai & Ranganatha Misra (JJ) ]