Shaffique,J
This writ petition is filed in the form of a public interest litigation inter alia seeking for the following reliefs:
“i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent State of Kerala not to proceed further with the setting up of Waste to Energy Plant as sanctioned by G.O.(MS) No.260/2013/LSGD Thiruvananthapuram dated 20/07/2013 as seen in Ext.P3 G.O, without conducting a detailed study of its feasibility, variability, financial bearing on the Government and the Kochi Corporation, and without conducting study on security aspects and environmental issues etc.
ii) Issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding respondent No.3, the Corporation of Kochi, to place all the records before the kind notice of this Hon'ble Court leading publication of Request for Qualification for inviting global tenders as sanctioned by the Worshipful Mayor, which was later ratified by the council meeting held on 05/11/2014 so as to ascertain whether such proceedings are done in accordance with law and procedural mandates.”
2. Petitioner claims to be President of All India Youth Federation (AIYF). According to him, he is concerned with the developments that are going on in the city of Kochi. His complaint is with reference to the establishment of Waste to Energy plant at Brahmapuram. He relies upon a news item in the New India Express daily in regard to the decision of the Council which was passed on 05/11/2014. According to him, in the report, it is further indicated that proper feasibility study has not been conducted in the matter. One Mr.R.V.G.Menon, who had been in the Committee which recommended the aforesaid project, has come up in the media stating that the project was not feasible. According to the petitioner, sanction for the project was granted by the Government in a hasty manner without conducting a detailed study regarding feasibility and variability, as a result of which, it has given room for suspicion, corruption etc. Petitioner strongly relies upon the opinion of Mr.R.V.G.Menon as published in Ext.P5 report of The Hindu newspaper.
3. When the above matter came up for hearing on 27/11/2014, we have permitted the petitioner to get more details.
4. Learned Special Government Pleader, on instructions, submits that this writ petition is clearly mala fide and is intended only for the purpose of publicity. Though this case was not admitted by this Court, the details of the writ petition was published in the next day's newspaper. The contention of the petitioner is that no feasibility study is conducted in the matter and the same is absolutely false. It is submitted by the learned Government Pleader that M/s.Kitco has conducted a detailed feasibility study as early as in 2013 and a copy of the said report has also been placed before us for our perusal which inter alia contains all details relating to the setting up of Waste to Energy Projects at Brahmapuram as Public Private Participation (PPP).
5. Having regard to the aforesaid submission, we are of the view that the writ petition, which is filed without collecting all material particulars, is clearly an abuse of process of law. Though the learned counsel for the petitioner had rendered apology for not conducting a proper study in the matter, still we feel that such action on the part of the petitioner in approaching this Court with piecemeal information has to be deprecated and we do so.
Having regard to the fact that appropriate measures had been taken by the Government while granting sanction for the said project, we are of the view that this writ petition is baseless and accordingly the same is dismissed.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr