1951 Supreme(Mad) 158
P.V.RAJAMANNAR, BALAKRISHNA AYYAR
Advocates:
O. Chinnappa Reddi and P. Ramakrishnan for Petitioner.
The Chief Justice.-This is an application purporting to be under Article 226 of the Constitution at the instance of a minor by his guardian for directions in the nature of a writ of mandamus directing the respondents to forbear from cutting the trees standing on certain survey numbers in a village and from removing the timber from the said lands. In our opinion, Article 226 of the Constitution should not be construed so as to replace the ordinary remedies by way of a suit and application available to the litigant under the general law of the land. Directions in the nature of a writ of mandamus should not, in our opinion, issue under this article except to a public, a quasi-public body or officer which is, under an obligation, statutory or otherwise, to do or refrain from doing anything which is likely to interfere with the rights of persons. In this case, it is admitted that ordinarily the remedy of the petitioner would be by way of a suit and an application for injunction in the suit. The fact that the District Court of Anantapur in which the suit should have been filed is closed for the summer recess would not render Article 226 applicable. It was admitted by learned counsel for
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