Madras High Court
S. Rajasekhara Reddy vs The Union Of India on 28 June, 2019
Author: P.D. Audikesavalu
Bench: P.D.Audikesavalu
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No.18046 of 2019
S. Rajasekhara Reddy ... Petitioner
-vs-
1. The Union of India,
Rep. by its Secretary to Government,
Ministry of Home Affairs,
New Delhi.
2. The Chairman,
Unique Identification Authority of India (UIDAI),
Government of India,
Bangla Sahib Road,
Behind Kali Mandir,
Gole Market,
New Delhi - 110 001.
3. The Deputy Director General,
UIDAI Regional Office, Hyderabad,
UIDAI Regional Office,
6th Floor, East Block,
Swarna Jayanthi Complex, Beside Matrivanam,
Ameerpet Hyderabad,
Telengana State - 500 038.
4. The Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan,
Ashoka Road,
New Delhi - 110 001.
http://www.judis.nic.in
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5. The State Election Commissioner,
Andhra Pradesh State Election Commission,
1st Floor, New HOD's Building,
Opp. Indira Gandhi Municipal Stadium,
M.G. Road,
Vijayawada - 520 010.
6. The Senior Commandant/Principal,
CISF RTC (A), Suraksha Campus Post,
Arakkonam,
Vellore District,
Tamil Nadu - 631 152.
7. Pullagura Parvathi ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the Second to
Fifth Respondents to consider the Petitioner's representation dated
06.08.2018 and further direct to annulment of Aadhaar Card No. 6085
8224 0125 and Election Commission Identity Card No. ZUP2323541 of
the Seventh Respondent.
For Petitioner : No Appearance
ORDER
According to the Petitioner, the Seventh Respondent by claiming that the Petitioner is her husband, fraudulently obtained AADHAAR Card and Election Commission ID card from the Second to Fifth Respondents mentioning the name of the Petitioner as her husband and http://www.judis.nic.in 3 submitted the same for various purposes. The Seventh Respondent had also filed H.M.O.P. No. 6 of 2016 under Section 9 of the Hindu Marriage Act, 1955, before the Family Court at Tiruvallur, for restitution of conjugal rights and had filed a complaint of domestic violence against him in Crl. M.P. No. 5 of 2015 before the Judicial Magistrate-II, Tiruvallur, which are pending.
2. In that backdrop, the Petitioner claims to have made representation dated 06.08.2018 to the Second to Fifth Respondents for annulment of AADHAAR Card No. 6085 8224 0125 and Election Commission ID card No. ZUP2323541 of the Seventh Respondent. As there was no response to the same by those authorities, the present Writ Petition has been filed for direction to the said authorities to consider and pass order on that representation made by him.
3. When the matter is taken up for admission today, there is no representation for the Petitioner. The affidavit of the Petitioner filed in support of the Writ Petition and the documents filed in the typed-set have been perused.
http://www.judis.nic.in 4
4. The claim of the Petitioner for deleting his name as husband of the Seventh Respondent in her Aadhaar Card and Election Commission ID card would arise only when there is a declaration by the jurisdictional Family Court in terms of Explanation (b) of Section 7(1) of the Family Courts Act, 1984, that there is no such marital relationship between the Petitioner and the Seventh Respondent as held by the Hon'ble Supreme Court of India in Balram Yadav -vs- Fulmaniya Yadav [(2016) 13 SCC 308]. In the absence of the Petitioner having instituted any such suit and obtained such declaration, the Second to Fifth Respondents do not have any duty to consider such representation made by the Petitioner.
5. In this context, it would be useful to refer to the dictum laid down by the Hon'ble Supreme Court of India in Director of Settlements, A.P.
-vs- M.R. Apparao [(2002) 4 SCC 638], in which it has been held as follows:-
"17. ....One of the conditions for exercising power under Article 226 for issuance of a mandamus is that the Court must come to the conclusion that the aggrieved person has a legal right, which entitles him to any of the rights and http://www.judis.nic.in 5 that such right has been infringed. In other words, existence of a legal right of a citizen and performance of any corresponding legal duty by the State or any public authority, could be enforced by issuance of a writ of mandamus. “Mandamus” means a command. It differs from the writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed. Mandamus is a command issued to direct any person, corporation, inferior courts or Government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. A mandamus is available against any public authority including administrative and local bodies, and it would lie to any person who is under a duty imposed by a statute or by the common law to do a particular act. In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition (Kalyan Singhv. State of U.P. [AIR 1962 SC 1183] ). The duty that http://www.judis.nic.in 6 may be enjoined by mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law...."
The aforesaid principles laid down in that binding decision squarely applies to the fact situation in this case and the the relief sought by the Petitioner in the Writ Petition cannot be granted.
6. In the result, the Writ Petition is dismissed. No costs.
28.06.2019
vjt
Index : Yes/No.
Note: Issue order copy by 16.09.2019. To
1. The Secretary to the Government of India, Ministry of Home Affairs, New Delhi.
2. The Chairman, Unique Identification Authority of India (UIDAI), Government of India, Bangla Sahib Road, Behind Kali Mandir, Gole Market, New Delhi - 110 001.
http://www.judis.nic.in 7
3. The Deputy Director General, UIDAI Regional Office, Hyderabad, UIDAI Regional Office, 6th Floor, East Block, Swarna Jayanthi Complex, Beside Matrivanam, Ameerpet Hyderabad, Telengana State - 500 038.
4. The Chief Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
5. The State Election Commissioner, Andhra Pradesh State Election Commission, 1st Floor, New HOD's Building, Opp. Indira Gandhi Municipal Stadium, M.G. Road, Vijayawada - 520 010.
6. The Senior Commandant/Principal, CISF RTC (A), Suraksha Campus Post, Arakkonam, Vellore District, Tamil Nadu - 631 152.
http://www.judis.nic.in 8 P.D. AUDIKESAVALU, J.
vjt W.P. No.18046 of 2019 28.06.2019 http://www.judis.nic.in