M.N.MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is one of those several cases where a writ of mandamus is sought only for directing the respondents in this writ petition under Article 226 of the Constitution of India to decide a representation made by the petitioner.

(2.) As far as a writ of mandamus is concerned, the well settled law has been reiterated by the Apex Court in the case of Saraswati Industrial Syndicate Ltd. and others vs. Union of India, (1974) 2 SCC 630. Paragraphs-24 and 25 of the said judgment read thus:

(3.) As far as a writ of mandamus is concerned, a High Court can issue such a writ enjoining the respondents to perform their statutory duty. However, the condition precedent for invoking the jurisdiction of this Court for seeking a writ of mandamus is that the petitioner must demand justice and seek compliance of statutory obligations of the respondents.