Charly P.D. v. The Managing Director, Kerala Tourism Development Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 29471 of 2015 (S) ---------------------------- PETITIONER(S) :- ----------------- CHARLY P.D., AGED 43 YEARS S/O.DEVASIA, PALLICKAL HOUSE, LABBAKANDAM KUMILY, IDUKKY DISTRICT BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S) :- ------------------

1. THE MANAGING DIRECTOR, KERALA TOURISM DEVELOPMENT CORPORATION THIRUVANANTHAPURAM, PIN - 695 001.

2. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TOURISM GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

4. THE DIRECTOR VIGILANCE AND ANTI CORRUPTION BUREAU THIRUVANANTHAPURAM, PIN - 695 001.

R1 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KTDC BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29471 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1:TRUE COPY OF THE REPORT OF ENQUIRY CONDUCTED BY INSPECTION WING OF THE 3RD RESPONDENT DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA AND ITS ENGLISH TRANSLATION. EXT.P2:TRUE COPY OF THE REPLY DATED 14.08.2014 RECEIVED FROM 1ST RESPONDENT TO THE LETTER SENT BY THE PETITIONER AND ITS ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

----------------------------------------- W.P.(C) No.29471 of 2015 ----------------------------------------- Dated this the 29th day of September 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court by filing this public interest litigation alleging that despite Ext.P1 report being submitted by the Deputy Secretary of the Finance Department, no action had been taken by the Government in the matter so far. It is stated that there is large scale manipulations in the payment of wages as well as in the charges being levied, ticket selling, maintenance of boat etc. The petitioner submits that he had obtained certain information under the Right to Information Act on 14.8.2014, by which, it was stated that proceedings are not yet completed on the basis of the said report. According to the petitioner, no action had been taken by the governmental authorities, despite such glaring manipulations being effected by the persons involved in the matter and therefore, appropriate direction may be issued to the respondents to take action pursuant to Ext.P1, including disciplinary action.

2.

Ext.P1, apparently, is a report prepared by the Finance Department on the basis of an inspection conducted in the Lake

W.P.(C) No.29471 of 2015 -: 2 :- Palace, Thekkady, owned by the Kerala Tourism Development Corporation. The said report has to be considered by the Government at various levels and it is for the Government to take necessary action in accordance with law. The said report seems to be filed in the year 2014 and therefore, appropriate time is required for the Government to take into consideration all factual situations including the nature of irregularities. This Court cannot monitor the action to be taken by the Government based on the aforesaid report. Since the issue involved is with regard to taking disciplinary action against certain employees, there is no public interest involved in the matter.

Under such circumstances, we do not think that this writ petition can be entertained as a public interest litigation. Accordingly we close the writ petition.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/30.9.2015.