Kerala High Court
A.K. Shaji vs State Of Kerala Represented By The Chief ... on 23 August, 2025
2025:KER:64845
W.P.(PIL)No.103 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WP(PIL) NO. 103 OF 2025
PETITIONER:
A.K. SHAJI
AGED 55 YEARS, S/O KURIAKOSE,
ARAAKAL HOUSE, PERINKARY POST, IRITTY,
KANNUR DISTRICT, PIN - 670706
BY ADVS.
SRI.A.L.NAVANEETH KRISHNAN
SMT.ASWATHY KRISHNAN
SMT.ANITA ANN GEORGE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001
4 GOKULAM GOPALAN
AGED 76 YEARS, S/O CHATHU, GOKULAM VILLA,
PUTHUPANAM,VADAKARA,KOZHIKODE- 673 105.
NOW RESIDING AT GOKULAM TOWER 66, ARCOTT,
CHENNAI, PIN - 600090
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W.P.(PIL)No.103 of 2025
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5 SREE GOKULAM CHITS AND FINANCE COMPANY (PVT.) LTD
REPRESENTED BY ITS MANAGING DIRECTOR, NO.66, ARCOT
ROAD, KODAMBAKKAM, CHENNAI, PIN - 600024
OTHER PRESENT:
SRI.V. MANU-SR.GP
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING
COME UP FOR ADMISSION ON 23.08.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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W.P.(PIL)No.103 of 2025
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JUDGMENT
Dated this the 23rd day of August, 2025
Nitin Jamdar, C.J.
Heard Mr. A.L. Navaneeth Krishnan, learned counsel for the
Petitioner and Mr. V. Manu, learned Senior Government Pleader.
2. This petition is filed by the Petitioner challenging Ext.P5, which is
an internal Government document that contains a handwritten
endorsement. As to the source of documents, which is a requirement
under the Rules and the law laid down by the Hon'ble Supreme Court,
the Petitioner has stated in the supporting affidavit that the documents
annexed to the petition are either from the public domain or under the
Right To Information Act, 2005 (RTI Act). In the petition, there is no
reference as to whether Ext.P5 was obtained from the public domain or
under the RTI Act. Neither any application under the RTI Act has been
produced nor Ext.P5 bears the stamp of the RTI authority.
3. The Hon'ble Supreme Court, in various decisions, has laid down
that the High Court must be on guard that this Public Interest Litigation
jurisdiction, which is meant to bring about social change, is not misused
for either personal consideration or personal gain or as a proxy to some
other end.
4. The learned Senior Government Pleader has placed on record an
order of the Division Bench of this Court dated 1 December 2022 in
W.P.(C)No. 38919 of 2022, where the Division Bench, in respect of a
case involving the same Petitioner, has questioned the filing of a petition
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based on inter-departmental correspondence without disclosing the
source of information. Therefore, it appears to us that the Petitioner is in
the habit of doing so.
5. We are not inclined to entertain this petition at the behest of such a
Petitioner. However, the disposal of the petition is not on merits. We
keep the cause open. The writ petition is disposed of.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
Basant Balaji
Judge
vpv
2025:KER:64845
APPENDIX OF WP(PIL) 103/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF
COMMITMENT ISSUED BY THE CENTRAL
VIGILANCE COMMISSION TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACTS FROM
FILE NO. IGR/3522/2017-C2 IN THE OFFICE
OF INSPECTOR GENERAL OF REGISTRATION,
REGISTRATION DEPARTMENT DATED 26.06.2018
AND 28.08.2018 ALONG WITH ITS ENGLISH
TRANSLATION
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.
104514/C2/2016/ TAXES. DEPT. DATED
13.03.2017 ISSUED BY THE ADDITIONAL
CHIEF SECRETARY OF THE TAXES (C)
DEPARTMENT ADDRESSED TO THE INSPECTOR
GENERAL OF REGISTRATION ALONG WITH ITS
ENGLISH TRANSLATION
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
01.06.2018 SUBMITTED BY THE 4TH
RESPONDENT BEFORE THE HON'BLE CHIEF
MINISTER
Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACTS OF
THE NOTES IN FILE NO. L2/198/2018- HOME
OF THE HOME DEPARTMENT ALONG WITH ITS
ENGLISH TRANSLATION
Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.
L2/198/2018 DATED 29.06.2018 ALONG WITH
ITS ENGLISH TRANSLATION
Exhibit P7 TRUE COPY OF THE RTI REPLY NO.
1829894/INFOR.1/200/2021/FIN. DATED
27.08.2021 FROM THE DEPUTY SECRETARY &
STATE PUBLIC INFORMATION OFFICER- I,
FINANCE INFORMATION DEPARTMENT ALONG
WITH ITS ENGLISH TRANSLATION
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
04.10.2023 OF THE HON'BLE HIGH COURT IN
W.P.(C) NO. 38919 OF 2022
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
03.04.2023 SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE CHIEF SECRETARY OF
KERALA
