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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.
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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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(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

(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

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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

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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.

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PRAYER

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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.

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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.

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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.

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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

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