N ANAND Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this Writ Petition for issue of a writ of mandamus directing the respondents 2 and 3 to register and investigate the case on the information available to them with regard to the informatory speech of criminal intimidation of assassination of Hon'ble Chief Minister of Tamil Nadu made by Dr. Subramania Swamy on 18-3-1995 and 4-4-1995 at Tambaram and Pudukkottai respectively as per publication in "Indian Express' dated 7-4-1995.

(2.) The petitioner is a practicing advocate of this Court has filed this writ petition as a public interest litigation, since the interest of public are involved. The petitioner is seeking a direction, directing the respondents to act on the basis of a newspaper report. Normally this Court cannot rely upon news paper reports. If at all any one wants to rely upon the newspaper reports, they have to establish the averments made in the newspaper report by some independent evidence. Hence, I do not think it is advisable to act upon the newspaper report alone.

(3.) The petitioner has not shown any provision that the respondents have to act suo motu on the basis of the newspapers report. In the absence of any material to show that the respondents have failed to discharge their official functions, no mandamus can be issued.