It Is For The Bench To Decide If A Writ Petition Is A PIL, Not The Registry: Kerala High Court
The Kerala High Court overruled an objection by the registry on locus standi, while holding that it is for a Bench to decide if a Writ Petition is a PIL, not the Registry.
A Writ Petition was presented before the Court by one Abdul Majeed M (Petitioner), an elected ward member of Pachambalam Ward in Mangalpadi Grama Panchayat, Kasaragod district, Kerala. Filed under Article 226 of the Constitution, the Petition raised grievances regarding the Panchayat’s administrative inefficiencies and the need for its division due to an increase in population.
The Registry of the High Court refused to number the Writ Petition raising objections about lack of lucus standi of the Petitioner and the matter came to be listed as an unnumbered case before the Division Bench, which, as per the roster, hears Public Interest Litigations. Regular Writ Petitions filed under Article 226 of the Constitution of India are listed before a Single Bench.
The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu remarked, “Defect is raised by the Registry. The learned counsel for the Petitioner asserts that the petition is filed in furtherance of the individual right of the Petitioner and not in larger public interest and shall not be treated as a Public Interest Litigation (PIL). If that is the stand of the Petitioner, then the petition will have to be placed before the Bench/learned Single Judge, as per roster. It is for the concerned Bench/learned Single Judge to decide whether any individual right is violated, if not, the consequences will ensue for want of locus. If the petition is rejected for want of locus, the Petitioner will not be permitted to contend that the petition be heard as a PIL.”
Advocate R. Anas Muhammed Shamnad represented the Petitioner, while Senior Government Pleader K.P. Harish appeared for the Respondents.
In the Writ Petition, the Petitioner has submitted that Mangalpadi Grama Panchayat spread over 36.3 square kilometres, had a population of 59,013, as per the civil supplies department figures. The panchayat has a population density of 1,625.7 per square kilometre, which is double the density figures of Kerala. According to the Petitioner, this made it one of the most densely populated panchayats in Kerala.
“This Writ Petition (Civil) is filed before this Hon’ble Court…seeking intervention to address the growing grievances of the petitioner and the residents of Mangalpadi Grama Panchayat,” it read.
The Petitioner referred to the Panchayathiraj Act and submitted, “The Panchayathiraj Act 1994 states that, based on the population if it is below 15,000, a minimum of 13 wards should be there, and for each 2500 people on top of 15,000 a new ward should be awarded.”
The Petitioner submitted a seat-wise count of pending files before various departments/offices in the panchayat, showing delays in decision-making. The Petitioner pointed out that the delay in adjudicating applications adversely impacts the residents. According to the petitioner, “People have to travel somewhere between 6 to 11 kilometers to get their needs.” The Petitioner asserted that “it is the right of the people to have their needs met without delay.”
Consequently, the Division Bench directed the Registry to number the Writ Petition.
Thereafter, the Writ Petition was listed before a Single Bench on November 5, 2024, when it issued notice to the Respondents and directed listing of the matter after completion of service of notice.
Cause Title: Abdul Majeed M v. State of Kerala & Ors.
Petitioner: Advocates R.Anas Muhammed Shamnad, Saleek.C.A., Sarun Rajan, Thareek T.S., Hamdan Mansoor K.
Respondents: Senior Government Pleader K.P. Harish; Advocates Shiraz Abdulla M.S and Deepu Lal Mohan
