T.M.Selvaganapthy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.24625 of 2015 T.M.Selvaganapathy ... Petitioner -Vs1. Union of India, Ministry of Law and Justice, rep. by its Secretary, 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001.

2. The Principal Secretary to Government, Public (Law & Order - H) Department, Secretariat, Chennai-600 009.

3. The Public Prosecutor, Krishnagiri District, Krishnagiri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration declaring that Sections 499 and 500 of Indian Penal Code as ultra vires of Articles 19(1), 19(2), 14 and 21 of the Constitution of India. For Petitioner : Mr.P.Wilson Senior Counsel for M/s.P.Wilson Associates For Respondents : Mr.Su.Srinivasan Asst. Solicitor General for R1 Mr.V.R.Kamalanathan Addl. Govt. Pleader for R2 & R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Admit.

2. Mr.Su.Srinivasan, learned Assistant Solicitor General accepts notice for respondent No.1 and Mr.V.R.Kamalanathan, learned Additional Government Pleader accepts notice for respondent Nos.2 and 3.

3. The challenge in the present writ petition is laid to Sections 499 and 500 of the Indian Penal Code as ultra vires of Articles 19(1), 19(2), 14 and 21 of the Constitution of India. The Hon'ble Supreme Court is in seizin of the dispute and argument has been concluded and judgment reserved. In fact, some of the other similarly situated persons endeavoured to move Transfer Petitions before the Hon'ble Supreme Court, which were kept pending, while hearing proceeded. It is, in these circumstances, we have disposed of the other writ petitions pending before this Court by consent of parties holding that the parties would naturally be bound by the result of the judgment of the Hon'ble Supreme Court and in the mean time, further proceedings were ordered to be stayed.

4. We see no reason in taking different course of action in this case, which is acceptable to the learned counsel for parties.

5. We ordered accordingly and the writ petition, thus, stands disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar bbr To

1. The Secretary, Ministry of Law and Justice, 4th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001.

2. The Principal Secretary to Government, Public (Law & Order - H) Department,

Secretariat, Chennai-600 009.

3. The Public Prosecutor, Krishnagiri District, Krishnagiri.

+1cc to the Government Pleader, S.R.No.44473 +1 cc to Mr.P.Wilson Associates, Advocate, sr.12402 (12/10/2015) W.P.No.24625 of 2015 AD(CO) CA(03/09/2015)