G R SWAMINATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who is a practicing lawyer, has moved this Court pro bono publico, by way of this writ petition, to declare G.O.Ms.No.234, Revenue [Land Reforms 3(1)] Department, dated 17.6.2002 issued by the first respondent, in and by which, the government granted permission by invoking the power vested in it under Section 37B(2) of the Land Reforms (Fixation of Land Ceiling) Act, 1961 in respect of the lands of the third respondent for a period of three years for the purpose of education, as unconstitutional and ultra vires the Tamil Nadu Land Reforms (Fixation of Land Ceiling) Act.

(2.) HOWEVER, Mr.Sundar Narayan, learned counsel appearing for the petitioner, seeks permission of this Court to withdraw the public interest litigation, which can only be portrayed as somewhat unfortunate, as the main petition is brought to highlight the gross violations of the constitutional and statutory rights by the fifth respondent, who, at the relevant period of time, happened to be the State Minister for Education and the Pro-Chancellor of Anna University, who denied affiliation to other Private Engineering Colleges on the ground that the lands held by them were without permission from the Government under Section 37B of the Act, but, on the other hand, accorded permission from the State Government under Section 37B of the Act for the third respondent/Institution, which was founded by him and presently chaired by the fourth respondent, who happens to be the wife of the fifth respondent.

(3.) BY proposing to withdraw this writ petition, the petitioner has done no service either to himself or to the cause he sought to serve. If we accept this request of an individual, who brings a public interest litigation, we will render the proceedings in public interest litigation vulnerable to and susceptible of a new dimension which might, in conceivable cases, be used by persons for personal ends resulting in prejudice to the public weal.