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Tamil Nadu Centre For Public ... vs The Union Of India

Madras High Court|20 January, 2017

JUDGMENT / ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner is styled as Tamil Nadu Centre for Public Interest Litigation. At the inception, we must note that there cannot be a specialist organization to file public interest litigations. The name under which this organization is being run creates a wrong impression in the public as if the organization is a specialist only in filing public interest litigations. An organization doing voluntary work and having expertise in a particular field may approach the Court. We cannot allow an organization to pick up the morning newspaper, find out what is the issue raised and file half-baked petitions without any knowledge of the subject or law and that too without any research on the subject. We are, thus, of the view that any petition which is filed in the name of Tamil Nadu Centre for Public Interest Litigation cannot be maintained and no such petitions shall be maintained in this name and style.
2. Now coming to the merits of the case, the lack of expertise on the part of the petitioner is apparent from the fact that he seeks a direction to enact a special law. We say so, as it is the sole prerogative of the Government to enact law and the Court cannot issue direction to the Government to enact a law. This issue is well settled in a catena of decisions of the Supreme Court, including State of Jammu and Kashmir v. A.R.Zakki and others, 1992 Supp (1) SCC 548, and a Full Bench decision of the Delhi High Court in R.K.Singh v. Union of India, AIR 2001 Del 12, holding that a writ of mandamus can be issued only in a case where there is a statutory duty imposed upon a person and there is a failure to discharge that statutory duty and that a writ of mandamus cannot be issued to the legislature to enact a particular legislation, as the same is the sole prerogative of the legislature.
3. In view of the aforesaid, this Court is not empowered to issue such a writ of mandamus as is sought by the petitioner and it is for the Government and the legislature to take a call on the issue.
The petition is dismissed. No costs.
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Title

Tamil Nadu Centre For Public ... vs The Union Of India

Court

Madras High Court

JudgmentDate
20 January, 2017