Petitioner challenged via writ petition the bank's threat to publish his photograph. The Court held that the relationship was purely commercial and Article 226 could not be invoked against the private bank. The writ 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 : 23.12.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.19378 of 2020 and W.M.P.No.23968 of 2020
L.Moorthy ... Petitioner
Vs
1. The Authorized Officer,
Axis Bank Limited,
Retail Lending and Payment Group,
South Zonal Office, Arcot Plaza,
165, Arcot Road, Kodampakkam,
Chennai-600 024.
2. The Branch Operation Head,
The Axis Bank Limited,
No.6, St. Ange Street,
Puducherry-605 001. ... Respondents
* * *
Prayer : Writ Petitions filed under Article 226 of the
Constitution of India praying for a Writ of Mandamus directing
the respondent to refrain from publishing the photographs of the
debtor in any Newspaper or magazine, as threatened in the
warning notice circulated to the petitioner through WhatsApp on
02.11.2020.
For Petitioner : Ms.V.Vadivelou
O R D E R Heard the learned counsel for the petitioner.
suit before the Additional District Munsif Court, Puducherry, in which, he can redress his grievance.
"10. A reading of Article 226 makes it clear that it can be invoked not only for infringement of fundamental rights, but also for any other purpose. Therefore, as stated above, the question that requires determination is whether the private bodies performing public duties can be brought within the purview of judicial review. If a private body is brought within the purview of Article 12, then it will be subject to constitutional limitations. As happened in this case, lack of effective control has made the private bodies acquire more power similar to public authorities. The public monopoly power is replaced by private monopoly power. Hence, it becomes necessary that the private bodies should be made accountable to judiciary within the judicial review. If any private body has a public duty imposed on it, Court has jurisdiction to entertain the writ petition."
//True Copy//
Sub Assistant Registrar
gg
To
W.P.No.19378 of 2020
PMK(CO)
RG.19/04/2021
2 issues framed by the court
Whether Article 226 of the Constitution can be invoked against a private bank to restrain publishing a debtor's photograph.
Whether a private commercial transaction is amenable to writ jurisdiction for infringement of fundamental rights.
Colour shows how this judgement treated each authority
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L.Moorthy
The Authorized Officer, Axis Bank Limited
The Branch Operation Head, The Axis Bank Limited
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
