High CourtsDivision Bench(1956) 02 MAD CK 0026

S.M. Muhammad Ibrahim vs The Deputy Commercial Tax Officer

Madras High Court · Decided on 22 February 1956 · Citation: (1956) 69 LW 372 : (1956) 2 MLJ 23

HON’BLE JUDGES
Rajagopala Ayyangar, J

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Judgment

10 paragraphs · 252 words

Rajagopala Ayyangar, J.—I agree with the Office Note. Where a petitioner desires to question the validity or legality of an order, he is

entitled to apply for an appropriate writ but this right of his flows from the order affecting him. The fact that similar orders are passed in the case of

other individuals also be it by the same officer or authority, does not mean that the injury caused is a common or class injury so as to justify a single

petition with all the individuals similarly affected joining in it as petitioners. The provision in Order 1, Rule 8, Civil Procedure Code, seeks to

obviate the inconveniences arising out of a multiplicity of parties - but neither the rule nor its principle can be extended to Writ Petitions. Again the

fact that the relief prayed for by the several petitioners each of whose individual right is alleged to have been invaded improperly by the impugned

order is grounded on a common objection, the invalidity of the legislation or the rule or some order interpreting or enforcing the statute or the rule

does not also afford any basis for a joint Writ Petition by several petitioners aggrieved by similar orders. Each of them has to file independent

petitions, paying separate Court-fee on each, with separate vakalat, etc. In these cases I have directed the petitioners to amend the petitions so as

to retain only one petitioner on the record and as this has been done I have admitted the Writ Petitions.