Bench dismissed a PIL petition under Article 226 seeking law and guidelines for spa industry. Court held petition didn't satisfy Saraswati Industrial Syndicate requirement for prior representation before approach.
Writ of mandamus seeking guidelines was dismissed as petitioner failed to approach authorities first.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.16 OF 2015
M/s.Indian Spa and Wellness
Association ...Petitioner
vs.
The Union of India & Ors. ...Respondents
None for the Petitioner
None for the respondents
CORAM : A.S.OKA, &
G.S.KULKARNI,JJ.
DATE : MARCH 11, 2016
P.C.:
1None appears for the petitioner. By this PIL,
a writ of mandamus is sought by the petitioner
against the respondents. Prayer clauses (a) and (b)
of this petition read thus:
“(a) this Honourable Court be pleased to
issue a Writ of Mandamus or Writ in the
nature of mandamus or any other appropriate
writ direction and order under Article 226 of
the Constitution of India directing the
respondent Nos.1 to 6 to enact and implement
proper and convenient law and/or guidelines
for the spa and wellness unit holders
urgently.
(b)this Honourable Court be please to issue
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a writ mandamus or writ in the nature of
mandamus or any other appropriate writ
direction and other under Article 226 of the
Constitution of India, 1950, directing the
Respondent Nos.1 to6 to take essential steps
in this direction with formation of a high
level committee or any other suitable
mechanism for drafting of proper and
convenient law and/or guidelines for the spa
and wellness unit holders urgently.”
2We have perused the averments made in this
petition. Before filing this petition, the
petitioner has not made any representation to the
concerned Authorities of the respondents for
demanding justice.
3Though this petition is numbered as PIL, it is
a petition under Article 226 of the Constitution of
India seeking a writ of mandamus. Therefore, this
petition will be governed by the decision of the
Apex Court in the case of Saraswati Industrial
Syndicate Vs. Union of India1. Hence, the same
cannot be entertained.
4Therefore, we decline to entertain this PIL and
the same is disposed of. However, this order will
not prevent the petitioner from making appropriate
representation to the concerned Authorities.
1 issue framed by the court
Whether to entertain a writ petition under Article 226 seeking guidelines for spa and wellness unit holders without prior representation.
Colour shows how this judgement treated each authority
Saraswati Industrial Syndicate Vs. Union of IndiaReferred¶16
Saraswati Industrial Syndicate Vs. Union of India
1 provisions across 1 enactments
M/s. Indian Spa and Wellness Association
The Union of India
A.S. OKA
G.S. KULKARNI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court