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2023 Supreme(SC) 719

ABHAY S. OKA, SANJAY KAROL
Union of India – Appellant
Versus
K. Pushpavanam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Tushar Mehta, Solicitor General Mrs. Aishwarya Bhati, A.S.G. Mr. Rajat Nair, Adv. Mr. Anmol Chandan, Adv. Mr. Navanajay Mahapatra, Adv. Ms. Aakanksha Kaul, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Ms. Haripriya Padmanabhan, Adv. Mr. S. Prabu Ramasubramanian, Adv. Mr. Raghunatha Sethupathy B, AOR Mr. Bharathimohan M, Adv. Ms. Priya R, Adv. Mr. S. Sabari Bala Pandian, Adv. Ms. Tanya Shrivastava, Adv. Mr. Avinash Kumar, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 17th August 2021 passed by the High Court of Madras at Madurai Bench in a writ petition filed by the first respondent. A petition was filed by the first respondent seeking a writ of mandamus in the following terms:

    “…….Therefore I most respectfully pray that this Hon'ble Court may be pleased to direct the Respondent No.1 to appoint the Chairman and other members of the 22nd Law Commission constituted through the notification in number F. No.A45012/1/2018Admn. Ill (LA) dated 21.02.2020 in accordance with law within the time stipulated by this Hon'ble Court. Therefore I most respectfully pray that this Hon'ble Court may be pleased to issue writ of mandamus or any other Writ or direction or order in nature of writ, directing the respondents, to propose a comprehensive legislation in the field of 'Torts and State Liability' as per the directions of Hon'ble Supreme Court of India in "MCD V. Uphaar Tragedy Victims Assn (2011) 14 SCC 481” and “Vadadora Municipal Corporation V. Purshotam v Murjani and Others (2014) 16 SCC 14” in accordance with law within the lime stipula

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