Petitioner sought a negative mandamus forbearing police from enforcing a published order to shoot him. The Court held such a prayer is not maintainable as police lack power to extinguish life and denied the relief.
Relief of forbearing enforcement of the order of shooting against the petitioner was not granted as the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH
W.P. No.35501 of 2016 & W.M.P. No.30533 of 2016
R. Vellaiyan Petitioner
vs.
1 The Government of Tamil Nadu
represented by its Secretary
Home Department
Secretariat
Chennai 600 009
2 The Director General of Police
Mylapore
Chennai 600 004
3 The Inspector General of Police
Trichy Range, Trichy
4 The District Superintendent of Police
Perambalur Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from in any manner enforcing the order of shooting against the petitioner, as published in the daily newspaper “Dinamalar” of Puducherry edition dated 03.09.2016.
For petitioner Mr. S.V. Karthikeyan For respondents Mr. C. Emalias Addl. Public Prosecutor
ORDER
This writ petition is filed seeking a writ of mandamus forbearing the respondents, from in any manner, enforcing the order of shooting against the petitioner, as published in the daily newspaper “Dinamalar” of Puducherry edition dated 03.09.2016.
2 Heard both sides.
3 The aforesaid prayer of the petitioner is not maintainable, inasmuch as the police do not have the power to extinguish the life of any person and therefore, a negative mandamus can never be issued as prayed for by the petitioner.
In the result, this writ petition stands dismissed. Costs made easy. Connected W.M.P. is closed.
Sd/-
Asst.Registrar (J)
/true copy/
Sub Asst. Registrar
To
1 The Secretary
Home Department
Government of Tamil Nadu
Secretariat, Chennai 600 009
2 The Director General of Police
Mylapore, Chennai 600 004
3 The Inspector General of Police
Trichy Range, Trichy
4 The District Superintendent of Police, Perambalur
+1 cc to Mr.S.V.karthikeyan,advocate,sr.57686.
rj(co)
krd 22/11
W.P. No.35501 of 2016
1 issue framed by the court
Whether a writ of mandamus can be issued forbearing police from enforcing an order of shooting against the petitioner.
1 provisions across 1 enactments
R. Vellaiyan
The Government of Tamil Nadu
The Director General of Police
The Inspector General of Police
The District Superintendent of Police
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
