P.R. NARAHARI RAO Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is representative of the large number of cases which are filed in the Courts across the country and which consume valuable time of the Courts without any tangible justification. The very fact that the Division Bench of the High Court devoted time to record an order running into 56 typed sheets and also the fact that this Court has devoted many hours including two hours hearing of today indicates how a purely civil and private litigation, camouflaged as a public interest litigation, puts unnecessary burden on the Courts and results in wastage of time which could otherwise be devoted for those who are waiting for years together with the hope that some day they will get an opportunity of hearing. This case is also illustrative of how a litigant pursues two remedies simultaneously and takes chance of getting favorable result from one or the other judicial forum.

(2.) The Appellant and Respondent No. 6 are close relatives. Respondent No. 6 (since deceased) is the real uncle of the Appellant. Respondent No. 7, of which Respondent No. 6 was the Managing Director availed loan of rupees five crores from the Tourism Finance Corporation of India for the construction of a three star hotel on a piece of land belonging to Respondent No. 6 and applied for exemption under the Kerala Municipal Corporation Act. 1961 (for short, 'the 1961 Act') read with Kerala Building Rules 1984 (for short, 'the 1984 Rules') and succeeded in convincing the competent authority to grant exemption. The first exemption was granted by an order issued sometime in 1990. Two other exemption orders were issued in 1991 and 1996.

(3.) On 3.1.1995, the Appellant filed Original Suit No. 17 of 1995 in the Court of Subordinate Judge, Ernakulam (hereinafter referred to as 'the trial Court') for grant of the following substantive reliefs: