Abdul Carim Mohamed Rizvi v. The Learned Magistrate, Magistrate Court, Samanthurai – CA PC/APN/150/2016-2017

In the case between Abdul Carim Mohamed Rizvi (Petitioner) and the Learned Magistrate, Magistrate Court, Samanthurai and others (Respondents), the court addressed whether a Provincial High Court possesses jurisdiction to issue a writ of mandamus compelling a Magistrate, a judicial officer, to accept a private plaint, and whether such a writ can be directed against a person solely by office (nomine officii). The court determined that the Provincial High Court’s writ jurisdiction, as outlined in Article 154P of the Constitution, is confined to matters within the Provincial Council List, which excludes the judiciary. It was held that a writ of mandamus cannot be issued against a person described only by office but must be directed at a specific natural or juristic person. The application was

REF: CA PC/APN/150/2016-2017 Category: Tag:
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