Writ Petition Drafting

Legal Desire Online Workshop on ‘Legal Drafting’ MODULE 1: WRIT PETITON The writ petition can be filed under Article 32 of the Indian Constitution before the Supreme Court and under Article 226 of the Indian Constitution before the High Court. The fundamental rights can only be filed before the Supreme Court of India under Article 32 of the Indian Constitution. The fundamental rights and ordinary rights can also be filed before the High Court of India under Article 226 of the Indian Constitution.

TYPES OF WRITS (1)

Writ of Habeas Corpus.

(2)

Writ of Mandamus.

(3)

Writ of Prohibition.

(4)

Writ of Certiorari.

(5)

Writ of Quo Warranto.

1. WRIT OF HABEAS CORPUS: Writ of Habeas Corpus is extended to ensure that no person is detained or confine illegally or in a unlawful manner.

2. WRIT OF MANDAMUS: Writ of Mandamus is used to compel a public functionary to do what he is under a legal duty to do when he is refusing to do it.

3. WRIT OF PROHIBITION: Writ of prohibition is also extended to prevent public functionaries from exceeding their powers, when the act or proceeding is not completed.

4. WRIT OF CERTIORARI: Certiorari is extended to prevent public functionaries from exceeding their power. Certiorari is used when the act or proceeding has been completed.

5. WRIT OF QUO WARRANTO: Writ of Quo Warranto is directed to ensure that no one occupies a public officer without any public authority. © Copyright Legal Desire 2014

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Legal Desire Online Workshop on ‘Legal Drafting’ DETAILS OF WRIT PETITION

1. INDEX: This if the first page of the petition. Details of enclosures of writ petition has to be arranged. Table of contents that contains particulars of petition and its page numbers.

2. PROFORMA: This page contains the presiding Judge Records important points that emerged during course of hearing.

3. SYNOPSIS: Narrate date wise very briefly chronology of events Narrate date wise very briefly chronology of events / important facts / important facts that led that led to the filing of this Writ.

4. POINTS, AUTHORITIES & ACTS POINTS: State here (very) important points that you intend to argue in the Court.

GUIDE LINES FOR DRAFTING WRIT PETITION 5. Under which forum writ petition is filed, 6. The petition number and the year, 7. Cause title 8. Heading for the petition - Petition filed under Article 226 or 32 either before the High Court or Supreme Court, To address the judge, “The Honorable Chief Justice of Supreme court and other judges of supreme court or Honorable Chief Justice and other Judges of the Honourable High Court” next the humble petition of the petitioners above named most respectfully sheweth. 9. Brief introduction of the petitioner and respondents. 10. Body of the content – (a) It contains the facts of the case (Give a concise statement of facts in chronological order in separate paragraphs), (b) Question of Law, (c) Grounds urged - Grievance of the petitioner has to be explained in detail,

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Legal Desire Online Workshop on ‘Legal Drafting’

(d) Reliefs prayed for – the petitioner prays that this Honorable Court may be pleased to issue the writ of Habeas Corpus or Mandamus or Prohibition or Certiorari or Quowaranto. (e) Interim Reliefs if any- If there is any relief has to be prayed. (f) If there is any documents relied on has to be clearly stated. (g) Signature of the petitioner on the right side. Signature of the counsel is usually on left side. (h) Verification and signature of the petitioner.

WRIT PETITION SHOULD BE FILED ALONG WITH THE BELOW PARTICULARS: 1

1

(i)

Affidavit of the petitioner duly sworn

(ii)

Annexures as referred to in the writ petition (with fee prescribed)

(iii)

Copies of the writ petition as per the requisition of the court

(iv)

Court fee (civil). In criminal matter no court fee is required.

(v)

Index

(vi)

Cover page

(vii)

If any application to be filed by the petitioner (with fee prescribed).

(viii)

Memo of appearance (with court fee).

Available at http://supremecourtofindia.nic.in/formats/writ%20format.pdf



Legal Desire Online Workshop on ‘Legal Drafting’ SAMPLE WRIT PETITIONS WRIT OF HABEAS CORPUS(CRIMINAL) THE ACCUSED WAS IN PRISON SO SIGNATURE OF THE PETITIONER HAS NOT BEEN MENTIONED

IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI

(Original Criminal Jurisdiction) Writ Petition No 15 of July 2014

A. RAM, aged about 25 Years, S/o KUMAR, R/o 456, Ram Nagar, Chennai

-------

Petitioner;

-------

Respondents.

Versus

1. Additional Secretary, Ministry of Finance, Government of Tamil Nadu 2. The Superintendent, Puzal Jail, Chennai. 3. The State of Tamil Nadu.

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

To The Hon’ble the Chief Justice and his companion Judges of the Court aforesaid. The humble petition of the above named Petitioner most respectfully sheweth:

1. That the petitioner is a resident of 456, Ram Nagar, Chenni and he was living peacefully at his residence at the place aforesaid.

2. That on 15/05/2013 Respondent No. 1 made an order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he directed that the




Petitioner shall be arrested and detained for a period of three months. A copy of the order is annexed herewith as Annexure ‘‘A’’.

3. That the Petitioner was arrested the same day and was detained in 15/05/2014 Jail. The grounds of detention were not supplied to the petitioner on that day. The grounds were actually supplied on 17/05/2014. A copy of the grounds supplied is annexed herewith as Annexure ‘‘B’’.

4. That on 25/05/2014 the Petitioner submitted a representation against his detention through Respondent No. 2 but the same was considered by the Advisory Board after one month and was rejected on 26/06/2014.

5. That the grounds of detention supplied to the Petitioner were in English which language the Petitioner does not know.

6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction on the following:

GROUNDS

1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, is unconstitutional and void as it is beyond the legislative competence of Parliament. 2. Because the order has been passed by an officer not duly authorized.

3. Because the grounds were supplied after undue delay.

4. Because the grounds are in English which language the Petitioner does not know and this has prevented him from making an effective representation.

5. Because the grounds are irrelevant to the object of the Act.

6. Because the grounds are vague.

7. Because there was undue delay in the disposal of the representation submitted by the petitioner.



PRAYER


Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in the nature of Habeas Corpus to the opposite parties quashing the order of detention and directing that the Petitioner be set at liberty forthwith. ADVOCATE FOR THE PETITIONER. DATE 01/07/2014.



Legal Desire Online Workshop on ‘Legal Drafting’ WRIT OF MANDAMUS IN THE HON’BLE HIGH COURT OF JUDICATURE, MADRAS (Original Civil Jurisdiction)

Writ Petition No 567/2013

RANGARAJAN, S/o Muthu, R/o Thambu Chetti Street, Opposite to High Court, Parris Corner

________Petitioner;

Versus

1. RAMADURAI, Collector, Vilupuram District, Tamil Nadu 2. State of Tamil Nadu

________Respondents.

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION FOR THE ISSUE OF A WRIT OF MANDAMUS.

To The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of Judicature at Madras.

The above named Petitioner begs to submit as under:

1. That the Petitioner is the owner of a plot of land numbered 12/2013 in kumarn nagar, Ulundurpet, at Vilupuram detailed in Annexure “A” to this petition.




2. That on 09/09/2013 a notification under Section 4 of the Land Acquisition Act, 1894, was published that certain land including the petitioner’s aforesaid plot was needed for a public purpose.

3. That the petitioner filed objections to the proposed acquisition of his plot under Section 5-A of the Act.

4. That the objections filed by the petitioner were heard by the Collector on 12/01/2014 and thereafter he submitted his report with recommendations to the State Government.

5. That the State Government accepted the report and recommendations of the collector and rejected the objections filed by the petitioner.

6. That on 25/02/2014 the State Government made the declaration under Section 6 of the Act.

7. That on 15/05/2014 the petitioner received a notice under Section 9 of the Act, to state his claim to compensation for his plot which was under acquisition.

8. That on 15/06/2014 the petitioner filed his claim to compensation claiming Rupees 5, 00, 00 as compensation for the acquisition of his plot.

9. That on 25/06/2014 the Collector gave his award determining a sum of only Rupees 10,000 as compensation for the petitioner’s plot.

10. That the award was filed in the Collector’s office and notice of the same was given to the petitioner.

11. That the compensation awarded by the Collector for the petitioner’s plot was grossly inadequate and the petitioner did not accept it. On 28/06/2014 the petitioner made an application under Section 18 of the Act to the Collector requesting that the matter be referred for determination to the District Judge.

12. That though under Section 18 the Collector was bound to refer the matter of compensation to the District Judge he has declined to do so.



Legal Desire Online Workshop on ‘Legal Drafting’ It is, therefore, most respectfully prayed that a writ, direction or order in the nature of mandamus be issued to Respondent No. 1 directing him to refer the matter of compensation for the Petitioner’s plot for determination to the District Judge . . . . . . .

___________________ COUNSEL FOR THE PETITIONER

_______________________ PETITIONER

VERIFICATION

I, RANGARAJAN do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Madras on 01/07/2014.

PETITONER



Writ Petition Drafting

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