Judgment · High Court

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 11/8/2011CORAMTHE HONOURABLE Mr.JUSTICE S.MANIKUMARW.P.(MD).No.8999 of 2011 Dhanam ..Petitioner Vs1. The District Collector Madurai District.2. The District Manager Tamil Nadu State Marketing Corporation Ltd Madurai District, Madurai...RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of mandamus to direct the respondents to shift the TASMAC retail vending shop No.5131 situated in the BharathiyarMain Road, K.Pudur, Madurai to any other place. For Petitioner: Mr.AnandFor Respondents: Mr.M.MuniasamyORDERIn the affidavit filed in support of the writ petition, the avermentsare to the effect that location of the shop at No.5131 in Bharathiyar MainRoad, K.Pudur, Madurai, would affect the interest of the public andchildren. The writ petition filed by the person can be entertained only ifhe is personally aggrieved.

When a person can be said to be an aggrieved person has been explained in the following judgments: (i) At paragraph No.2 of the Judgement in Vinoy Kumar Vs. State of Uttar Pradesh, AIR 2001 SC 1739, the Apex Court has held as follows: "Para-2: Generally speaking, a person shall have no locus standi to file a writ petition if he is not personally affected by the impugned order or his fundamental rights have neither been directly or substantially invaded nor is there any imminent danger of such rights being invaded or his acquired interests have been violated ignoring the applicable rules. Therelief under Article 226 of the Constitution is based on the existence of a right in favour of the person invoking the jurisdiction. The exception to the general rule is only in cases where the writ applied for is a writ of habeas corpus or quowarranto or filed in public interest. Fit is a matter of prudence, that the Court confines the exercise of writ jurisdiction to cases where legal wrong or legal injuries caused to a particular person or his fundamental rights are violated, and not to entertain cases of individual wrong or inquiry at the instance of third party where there is an effective legal adorganization which can take care of such cases.

Even in cases filed in public interest, the Court can exercise the writ jurisdiction at the instance of a third party only when it is shown that the legal wrong or legal injury or illegal burden is threatened and such person or determined class of persons is, by https://hcservices.ecourts.gov.in/hcservices/ 2reason of poverty, helplessness, or disability or socially or economically disadvantaged position, unable to approach the Courtfor relief. " (ii) Yet another decision considered by the Apex Court in NadarMahajana Sangam's case is State of Orissa Vs. Ram Chandra Dev and another, AIR 1964 SC 685, where the Supreme Court has held as follows: "But though the jurisdiction of the High Court under Art.226is wide in that sense, the concluding words of the Article clearly indicate that before a writ or an appropriate order can be issued in favour of a party, it must be established that the party has aright and the said right is legally invaded or threatened.

Theexistence of a right is thus the foundation of a petition under Article 226".(iii) In Gadde Venkateswara Rao Vs.Government of Andhra Pradesh,1966 (2) MLJ (SC) 87: 1966 (2) An.W.R.(SC) 87: AIR 1966 SC 828 (videpara.8) the Supreme Court has held as follows: "The right that can be enforced under Article 226 also shall ordinarily be the personal or individual right of the petitioner himself though in the case of some of the writs likehabeas corpus or quo warranto this rule may have to be relaxed or modified. " (iv) Finally, after considering the legal principles, the DivisionBench of this Court in Nadar Mahajana Sangam, Madurai through its GeneralSecretary (For and on behalf of Shareholders of Tamilnadu mercantile bankLtd.) Vs. Reserve Bank of India, Central Office, Department of BankingOperation Development Centre-I, World Trade Centre, Cuffee Parade, Bombayand others reported in 2006 (1) CTC 776, at Paragraph No.8, has held as follows: " The writ petition filed by the appellant cannot have any personal grievance in the matter and at best, only its memberscan have any grievance.