D.Gopalakrishnan v. The Principal Secretary (Home

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.19020 of 2015 and M.P.Nos.1 and 2 of 2015 D.Gopalakrishnan .. Petitioner -vs1.The Principal Secretary (Home Department), Fort St. George, Chennai.

2.The Director General of Police, Mylapore, Chennai.

.. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records of the impugned public notice published in Daily Thanthi dated 18.06.2015 in SE.M.THO.E/74/VARAIKALAI/2015, issued by the 1st respondent. For Petitioner : Mr.V.Vasanthakumar For Respondents: Mr.A.L.Somayaji Advocate General and Mr.P.H.Arvindh Pandian Addl. Advocate General assisted by Mr.STS.Moorthy Government Pleader

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The so called Public Interest Litigation is nothing but a publicity endeavour on the anvil of enforcement of law which has been in existence, but observed in breach. It is known that the learned Single Judge of this Court has passed orders for enforcement of the provisions qua wearing of Helmet in view of large number of accidents where serious injuries and deaths are caused by not complying with the requirement of wearing Helmet.

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2. The learned counsel for the petitioner contends that there is no provision for seizure of papers, but only imposition of fine. That being the position, if in a particular case there is any breach of rule or law, that individual would have a grievance. Similarly, as to who is exempted, is again a matter provided for in the rules and there is no element of Public Interest Litigation in this case.

3. The writ petition being misconceived and an endeavour to prevent the enforcement of law by tomorrow, is dismissed. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Principal Secretary (Home Department), Fort St. George, Chennai.

2.The Director General of Police, Mylapore, Chennai.

+1cc to the Government Pleader, S.R.No.32213 VD(CO) EU(15/07/2015) W.P.No.19020 of 2015 https://hcservices.ecourts.gov.in/hcservices/