Tuesday, 16 October 2018
Madras HC rejects PIL to fix common rates for veg and non-veg items in hotels
Contending that costs of the food items (vegetarian and non-vegetarian) in accommodations and eating places have been distinct and therefore, the government should come ahead with a law to restore a commonplace quotes for the meals objects in grade motels inclusive of Grade 2, three, 4, five and seven stat resorts and eating places, the petitioner despatched a illustration to authorities. Since there has been no response, he filed the present petition. Citing numerous judgments of the Supreme Court on PILs, the bench said there was no constitutional or statutory right, to demand that there ought to be uniform rate of food objects, (vegetarian and non-vegetarian) in extraordinary accommodations, eating places, speedy foods and graded lodges. Representation may be entertained, if only there has been a proper. Averments made inside the petition do not contemplate any answer, the bench delivered. The bench stated writ of mandamus (course) cannot be issued merely because, someone was praying for. One must establish the proper first after which he must seek for the prayer to enforce the said proper. If there was failure of duty through the authorities or state of being inactive, it is easy to approach the court for a mandamus, the bench introduced. The bench stated a writ of mandamus may be issued by means of the court, in its discretion, for which, it ought to be proven that, there was a non-discretionary legal duty upon the authority against whom, the relaxation become looked for and that the man or woman coming near the excessive court docket underneath Article 226 of the Constitution of India, has to prove that he has a prison proper to be enforced towards the authority and for the failure of overall performance of a criminal or statutory responsibility, by using the authority towards whom, the comfort turned into searched for. Dailyhunt
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