The Municipal Corporation of Indore has a legal obligation to provide clean drinking water to its residents as per the Madhya Pradesh Municipal Corporation Act, 1956. However, for the past six months, the residents of Wa

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
The Municipal Corporation of Indore has a legal obligation to provide clean drinking water to its residents as per the Madhya Pradesh Municipal Corporation Act, 1956. However, for the past six months, the residents of Ward 12 have been complaining about the lack of clean drinking water supply. Despite repeated complaints to the municipal authorities, no action has been taken to rectify the situation. Patel, a resident of Ward 12, decides to take legal action. He wants to file a writ petition in the Madhya Pradesh High Court to compel the Municipal Corporation to fulfill its statutory duty of providing clean drinking water to the residents of Ward 12. What type of writ Patel can file with the High Court in this case? Discuss and give reasons for your conclusions.

Answer & Explanation:

Type of Writ: Mandamus The word 'Mandamus' literally means 'we command'. It is a command issued by a superior court (like a High Court under Article 226 or Supreme Court under Article 32) to direct any person, corporation, inferior court, or Government to do a particular thing specified therein, which pertains to his or its office and is further in the nature of a public duty. This writ is used for securing judicial enforcement of public duties. Conditions for issuing Mandamus: The applicant must have a legal right to the performance of a legal duty by the person against whom the writ is prayed for. The duty must be public or statutory in nature. The authority must have failed or refused to perform that duty. It is not issued if the authority has a discretion (unless the discretion is exercised arbitrarily). In the given situation: The Municipal Corporation of Indore has a statutory duty to provide clean drinking water as per the Madhya Pradesh Municipal Corporation Act, 1956. Despite repeated complaints, the Corporation has failed to fulfill this duty. Patel, a resident, is directly affected by this failure and has a legal right to clean drinking water. Conclusion: Patel can file a writ petition for Mandamus with the Madhya Pradesh High Court. The High Court can issue this writ to compel the Municipal Corporation to perform its statutory duty of providing clean drinking water to the residents of Ward 12. This ensures that the public authority fulfills its legal obligations and safeguards the residents' right to essential services.

Topics: Administrative Law

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