under article 226 High court empowered to accept writ petition on fundamental right has been infringed of individual. under this article i want to file writ of Mandamus.
but problem is that i am living in Mumbai & my mother (old & window) living in home town that is Uttar pradesh. my mother given request letter to superintendent police officer of azamargh dist mentioning the harassment, threatening causes by surrounding peoples & some of dangerous activities of group people (some local police constables also included )& prayed for some to take necessary action. but as usual the police do nothing. after that I filed many rti application for seeking information on given request letter. the rti letter contains very basic information for example process of taking action on request letter, who is appointed for take action on request letter.Received information after 6 months with unrelated answers. on which I filed the appeal letter to state information commission. hearing may be in next month.most important that the crime against my mother increasing day by day.
Apart from this I found that the fundamental rights of mother get infringed. Article 21 of Constitution give the Protection of life and personal liberty & time to time supreme court also elaborated the article 21 in many ways. In terms, police is the enforcement agency of law & his legal duty to give protection to old & windows woman.
In my preview, fundamental rights provided to my mother in article 21 get infringed. for that reason i eager to file writ of Mandamus in Bomaby High court .
so , is that possible to file writ of Mandamus in bombay High court ? making respondent SP of Azamargh police uttar pradesh.
or what are other options available?
Asked 4 years ago in Constitutional Law from Navi Mumbai, Maharashtra
Before filing you must check for jurisdiction too. You can file this writ petition in Allahabad High Court. Before that try to meet senior police officers or commissioner of police of that area. You can also file criminal suit against them. contact a lawyer from that area.
Your mother is being threatened by some one. The case can be filed by only her as she is the sufferer. You have no legal right to move the High Court on her behalf. Since she is living in Uttar Pradesh the case can be filed in only Allahabad High Court.
i had already advised you telephonically that case can be filed in Allahabad High court only . entire cause of action has arisen in UP .your mother resides in UP . threats have been given in UP . hence you cant file writ in Bombay HC
thanks all , i have also discussed with lawyer in Allahabad High court. they suggested me to file application under crpc 482 which will order the respondent to investigate into matter & submit the report.
writ of Mandamus under article 226 or application under crpc 482 (both application) which is more effective on respondent.
Asked 4 years ago
writ under Article 226 would be effective .