TMI Blog2015 (12) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner. M. Alagadevan, Special Government Pleader and Muniasami for the respondents. ORDER We do not find any justification for the Association to file such a writ petition as it is only for the person who is aggrieved by the Amendment Act who has the FL-3 licence holder, who can always challenge the said Act. No cause of action shown by the Association to file the present writ petition as person aggrieved. In Mani subrat Jain and others v. State of Haryana and others, reported: 1977 (1) SCC 486, the Supreme Court at paragraph 9, held as follows:- 9. The High Court rightly dismissed the petitions. It is elementary though it is to be restated that no one can ask for a mandamus without a legal right. There must be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right is thus the foundation of a petition under Article 226. (iii) In Gadde Venkateswara Rao v. Government of Andhra Pradesh: 1966 (2) MLJ (SC) 87: 1966 (2) An. W.R. (SC) 87: AIR 1966 SC 828, at Paragraph 8, the Supreme Court 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 like habeas corpus or quo warranto this rule may have to be relaxed or modified. (iv) At paragraph No. 2 of the judgment in Vinoy Kumar v. 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 no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Shareholders of Tamil Nadu Mercantile Bank Ltd.) v. Reserve Bank of India, Central Office, Department of Banking Operation Development Centre-I World Trade Centre, Cuffee Parade, Bombay and others, reported in 2006 (1) CTC 776, at Paragraph No. 8, had held as follows:- The writ petition filed by the appellant cannot have any personal grievance in the matter and at best, only its members can have any grievance. It is well settled that ordinarily a writ petition can only be filed by someone who is personally aggrieved. The powers under Article 226 of the Constitution of India should be sparingly used and only in those clear cases where the rights of a person have been seriously infringed and he has no other adequate and specific remedy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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