Adv. Venjaramood M.Ziyad v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 35031 of 2015 (S) ---------------------------- PETITIONER :

---------------------- ADV. VENJARAMOOD M.ZIYAD, AGED 40 YEARS, S/O.MR.MUHAMMED KASIM, VADAKKATHIL VEEDU, VENJARAMOODU.P.O., VENJARAMOOD, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.SREEKANTH S.NAIR SRI.S.JATHIN DAS RESPONDENT :

-------------------------- UNION OF INDIA, REP. BY THE CABINET SECRETARY, HOME DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI-110 004 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL ADV. SRI.JAISHANKAR V.NAIR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.35031/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE HON'BLE PRESIDENT OF INDIA DATED 11/03/2015 P2 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE HON'BLE PRIME MINISTER OF INDIA DATED 11/03/2015 P3 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE LEADER OF OPPOSITION RAJYASABHA DATED 11/03/2015 P4 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE CABINET SECRETARY, GOVT OF INDIA DATED 11/03/2015 P5 COPY OF THE RTI APPLICATION MADE BY THE PETITIONER O PIO, HIGH COURT OF KERALA DATED 19/08/2015 P6 COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM PUBLIC INFORMATION OFFICER, HIGH COURT OF KERALA DATED 11/09/2015 RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

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

-------------------------------------- W.P.(C) No.35031 of 2015 ---------------------------------------- Dated this the 19th day of November 2015

J U D G M E N T

Shaffique, J.

The petitioner, who is a practising lawyer has approached this Court with this public interest litigation seeking for the following reliefs :- "(i) issue a writ of mandamus or other appropriate writ, order or direction that Mohandas Karamchand Gandhi, popularly known and called as 'Mahatma Gandhi', shall be officially declared as 'Father of Nation', or, if this Hon'ble Court finds it inappropriate to allow the said prayer for whatsoever reason it may find fit and proper, in the alternative, without prejudice to the above, issue a direction to the respondents to desist from using such expression in any communications or advertisements which is made under the patronage of State as defined in Article 12 of the Constitution or spending out of the consolidated fund of Union of India for any such activity, which includes the making and display of photographs in Government offices without any legal sanctity or authority;

(ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider and dispose Exhibits P1 to P4 representations within such time as stipulated by this Hon'ble Court."

The relief sought for is absolutely unnecessary as no one has any doubt that Mahatma Gandhi is not the Father of the Nation and hence, no such declaration is required at all.

W.P.(C) No.35031 of 2015 -: 2 :- 2.

This writ petition is filed for the reasons best known to the petitioner and the alternative relief sought for is mischievous in nature. We do not think that this writ petition can be entertained as a public interest litigation.

Accordingly, the same is dismissed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/19.11.2015.