Back
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. SAMPATH
S. Gopal Raju
Versus
Mr. Justice M.S. Liberhan, The Honble Chief Justice, High Court, Madras & Another
W.P. SR. No. 47953 of 1998 & W.M.P.SR. No. 47955 of 1998
Decided On :Decided on : 07-08-1998
Mandamus - Challenge to G.O Ms. No. 628, Home (Court - II) - The court considered the maintainability of a writ petition seeking a mandamus to list and dispose of petitions challenging the vires of a government order. The key legal provision discussed was the writ of mandamus and its applicability in directing the respondents to list and dispose of the petitions.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondents to list and dispose of writ petitions challenging the vires of a government order.
Finding of the Court:
The court analyzed the maintainability of the writ petition and the objection raised by the Registry regarding the jurisdiction of the Chief Justice in a judicial capacity.
Issues: The issues involved the maintainability of the writ petition against the Chief Justice and the impact on the petitioner's fundamental rights due to the pendency of cases.
Ratio Decidendi: The court's decision was influenced by the interpretation of the writ of mandamus and its applicability in the context of listing and disposing of petitions challenging the vires of a government order.
Final Decision: The final decision regarding the maintainability of the writ petition and the objection raised by the Registry was not provided in the given text.
1. The prayer in the writ petition is for the issue of “a writ of mandamus directing the respondents to list out the batch of writ petitions, challenging the vires of G.O Ms. No. 628, Home (Court - II) dated 30.4.1997 of the Government of Tamil Nadu and post them before any Honble Division Bench of this Honble Court not consisting of the first respondent herein and dispose them at the earliest date possible”.
2. The Registry after scrutiny returned the papers raising an objection regarding the maintainability of the writ petition on the following terms.
It may be stated how the writ petition is maintainable against the Honble the Chief Justice injudicial capacity. It may be stated as to how and in what way the fundamental right of the petitioner is affected by the pendency of cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
