OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI
AUTHOR – SMRITHI ANILKUMAR, THE TAMIL NADU, DR. AMBEDKAR LAW UNIVERSITY (TNDALU), SCHOOL OF EXCELLENCE IN LAW (SOEL).
BEST CITATION – SMRITHI ANILKUMAR, OILING THE MACHINE OF JUDICIAL REVIEW: MNS ENTERPRISES v. THE DISTRICT COLLECTOR AND THE SCOPE OF CERTIORARI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 134-138, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The legal foundation and importance of the writ of certiorari in the context of administrative law are examined in this article, focussing on how it was used in the case of M/s. MNS Enterprises, Rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors[1]. The case began when the fourth respondent, who claimed the petitioner’s lubricant oil distribution company created a public nuisance in a residential neighbourhood, issued an adverse administrative decision against the petitioner. By requesting judicial review via a writ of certiorari, the petitioner contested this ruling on the grounds that the administrative authority had overreached its jurisdiction and had neglected to take pertinent information into account.
This article looks at the fundamental ideas behind the writ of certiorari and how it might be used as a supervisory judicial tool to rectify procedural injustice, illegality, and jurisdictional flaws in administrative decisions. Further, it seeks to explain the conditions under which certiorari is granted by examining the ruling rendered by the High Court of Madras. It focuses on situations where administrative bodies overreach their authority, behave arbitrarily, or disregard due process. The balance between judicial oversight and administrative discretion is also discussed, with an emphasis on how courts prevent the abuse of quasi-judicial powers. In the end, the paper demonstrates how certiorari serves as an essential check on administrative power, guaranteeing that choices pertaining to fundamental rights—like the right to carry on trade—are taken in compliance with the law and justice.
Keywords: Certiorari, Administrative law, procedural fairness, judicial review, MNS Enterprises.
[1] MNS Enterprises, rep. by its Proprietor V. Mohana Priya v. The District Collector, Chengalpet & Ors., WP No. 1048 of 2024 & WMP. No. 1111 of 2024.