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2013 Supreme(Mad) 2877

High Court of Judicature at Madras
M. JAICHANDREN & M.M. SUNDRESH, JJ.
C. Bhuvaneswari
Versus
The Judge CRP Court, High Court, Chennai & Others
W.P.SR.No.64992 of 2013
Decided on : 13-08-2013

Advocates Appeared:
For the Petitioner: in-Person.

The main legal point established in the judgment is the determination of the maintainability of the writ petition under Article 21 of the Constitution of India.

Headnote:

Article 21 - Maintainability of Writ Petition - Article 21 - [Article 21] - [Constitution of India, Article 21] - The court discussed the maintainability of the writ petition under Article 21 of the Constitution of India, highlighting the infringement of fundamental rights and the activities of the respondents. The court concluded that the matter is not maintainable as a writ petition under Article 226 of the Constitution of India, citing previous similar cases and rejecting the petitioner's case.

Fact of the Case:

The petitioner sought a Writ of Mandamus under Article 21, alleging harassment by police personnel and non-cooperation of a private party in providing maintenance. The petitioner argued that her fundamental rights under Article 21 were being infringed.

Finding of the Court:

The court found that the matter is not maintainable as a writ petition under Article 226 of the Constitution of India, as the private parties involved cannot be considered 'The State' under Article 12 of the Constitution of India. The court referred to a previous similar case and rejected the petitioner's case.

Issues: Maintainability of the writ petition under Article 21 of the Constitution of India.

Ratio Decidendi: The court held that the matter is not maintainable as a writ petition under Article 226 of the Constitution of India, citing the definition of 'The State' and referring to a previous similar case.

Final Decision: The court rejected the Writ Petition, stating that it may be open to the petitioner to work out her remedies before the appropriate forum or authority.

Judgment :

M. Jaichandren, J.

1. This W.P.SR.No.64992 of 2013, is listed before this Court, today, under the caption ‘For Maintainability’.

2. We heard Ms. C. Bhuvaneswari, the petitioner-in-person.

3. Ms. C. Bhuvaneswari, the petitioner-in-person, had filed the papers relating to the present case before the Registry of this Court with the following prayer:

"To issue a Writ of Mandamus under Article 21, directing the separation of the suit property of OS.1164/2007 from the rest of the building as K4 constables knocking on the property door demanding money from the petitioner, twice and harassing her children and herself till date has developed into an attack on the rights to live in dignity in the future for the petitioner under Article 21. This knocking on property doors was followed by respondents 5, 6 and 7 saying the petitioner came from a bad family followed by the over educated IPS Respondent refusing to sign the petitioners without prejudice letter and having a physical fight when OS1164/2007 was in court. The date of the physical fight was the date mentioned in the injunction obtained in OS.1164/2007 and all these incidents are marked evidences in court. The collusion of K4 with the one and same lawyer who applied for anticipatory bail and respondent 4 during 2 incidents when K4 constables knocked on property doors as well as the contempt of injunction act has led to attacks on the rights to life and live with human dignity encompassing within its fold some of the finer facets of human civilization which makes life worth living. The expanded connotation of life would mean the tradition and cultural heritage of the persons/petitioner concerned. Also issue a direction to respondent 4 who is in collusion with K4 in the above mentioned civil case, to show cause his full income of over 10 lacs p.a. and pay maintenance as per minimum IT Rules as on date 5 lacs p.a. Respondent 4 has also said in public that the petitioner has come from a bad family in the presence of vigilance and The Hindu. The vigilance and The Hindu are part of a defamation case by a stranger faculty against the petitioner which is still pending, for over a decade in this High Court, in a CRP to which the petitioner is not party to. Recording in public in Criminal, Civil and Family Court case that the petitioner has come from a bad family seems to be a pass time for meddlesome busybodies.

The petitioner has petitioned for 5 lacs as interim and this is mentioned in order dated 28.8.2012 of FCOP 3150/2010 page-5 – IA 2639/2012. This mention in the interim order and IA has been ignored. Non payment of maintenance for 3 years has developed today into another attack on the rights to livelihood and life for the petitioner under Article 21.

And for this act of kindness the petitioner as in duty bound shall ever pray"

4. The Registry of the High Court had returned the papers filed by the petitioner-in-person asking for certain clarifications, which read as follows:

"Since the alternative remedy is available before Civil Court, it may be stated how the Writ Petition is maintainable before this Hon'ble High Court.

Subject to maintainability – Prayer needs clarification"

5. The petitioner-in-person had represented the case papers with the endorsement stating that the case filed by the petitioner-in-person is maintainable as a writ petition, under Article 226 of the Constitution of India. While representing the case papers, the petitioner-in- person had raised the following 'grounds of maintainability'.

"This writ is maintainable under article 226 of the Constitution as:

1. Page 52 and 53 of this index shows that K4 constables came knocking at my door demanding money. This incident has been recorded in the commissioners office and in all legal departments by IPS Kiran Bedi of Safer India in 2008. I have made many declarations in the commissioners office which are all marked evidences. The flat was purchased in May 2006, shifted into our new flat in June 2006 and the K4 constabl


















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