Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioners and the learned Government Pleader.
2. This Writ Petition is filed by the petitioners as a public interest litigation praying for a mandamus directing respondents 1 to 4 not to handover property in Sy.No.98/1 extending 1 acre 54 cents of land in Arookutty Village in Cherthala Taluk and further directing respondents 1 to 4 to ensure that no encroachment takes place in the Government land.
3. The petitioners' case is that Sy.No.98/1 is a puramboke land extending 1 acre 54 cents. In paragraph 7 of the Writ Petition itself the petitioners have alleged that W.P(C).No.8079 of 2012 has been filed by one P.I.Abdul Malik praying for removal of encroachment and WP(C).27949/14 2 compound wall in Sy.No.98/1 extending 1 acre 54 cents. The present petitioners are also additional respondents 6 and 7 in the aforesaid Writ Petition.
In view of the aforesaid fact, we find that this Writ Petition cannot be entertained as a public interest litigation, since the issue has already been raised before this Court in W.P(C).No.8079 of 2012, where the present petitioners are also additional respondents.
Accordingly, the Writ Petition is dismissed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs28/10/14 A.M.SHAFFIQUE JUDGE