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Public Interest Litigation Is Not Maintainable If Filed Purely Relying Upon The Facts Of A Newspaper: Kerala High Court

Team SoOLEGAL 27 Nov 2020 4:08pm

Public Interest Litigation Is Not Maintainable If Filed Purely Relying Upon The Facts Of A Newspaper: Kerala High Court

A PIL was filed in the case of M. V.Arun vs. The District Collector W.P. (C) No. 25012 of 2020(S), before the Kerala High Court under Article 226 of The Indian Constitution.In the petition it was stated that there is a bridge situated across the Perumbuzha River in Thrissur, Kanjaniwhichwas the main route of transport used by private vehicles, private transport buses, etc. The bridge was visited by various public authorities for examination of its condition and decided to close it for its renovation as it was found to be in poor condition.

While hearing, the Court found that petition was filed upon the fact that was published in the MalayalaManorama daily newspaper dated 11.08.2020 without making any self-efforts in fact-checking the news.

The bench comprising of the Chief Justice S. Manikumar and Justice Shaji P. Chaly, were of the same view as another judgments of the Hon’ble Supreme Court of India in cases of S. P. Anand vs. H. D. DeveGowda (1996) 6 SCC 734,Narmada BachaoAndolan vs. Union of India and Others (2000) 10 SCC 664, etc. Relying uponsuch judgments, the Court dismissed the writ petition stating that no writ petition can be entertained if it is merely based on newspaper reports, and further added thatpublic writ petition does not satisfy the requirementof PILas per the imperatives contained under Rule 146A of The Rules of High Court of Kerala, 1971.In the light of the above decisions, the writ petition is dismissed.



Tagged: Kerala High Court   Public Interest Litigation   Indian Constitution  
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