J.Deepak v. The Secretary To The Governor, (Tamil Nadu)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2020 CORAM :

The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.12978 of 2020 and W.M.P.Nos.16061 and 16062 of 2020 J.Deepak .. Petitioner -vs1.The Secretary to the Governor (Tamil Nadu), Governor's Secretariat/Governor's Household Office, "Raj Bhavan", Guindy, Chennai 600 032.

2.The Principal Secretary to Government, Information and Public Relations Department, 3.The Director (Member Secretary), Information and Public Relations Dept., 4.The Secretary to Government, Law Department, St. George Fort, Chennai 600 009.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration to declare that the Tamil Nadu Ordinance No.3 of 2020 dated 22.05.2020 pursuant to Press Release bearing no.357 dated 22.05.2020 as Ultravires, illegal, arbitrary and contrary to law and further restrain the respondents from taking over possession of the premises bearing Old Door No.36, New Door No.79, "Veda Nilayam" Poes Garden, Chennai 600 086 into a Memorial and consequently direct the respondents to drop all further proceedings pursuant to the Tamil Nadu Ordinance No.3 of 2020 dated 22.05.2020 passed by the 1st respondent.

For Petitioner : Mr.S.L.Sudarsanam For Respondents : Mr.Vijay Narayan Advocate General assisted by Mr.V.Jayaprakash Narayanan, State Government Pleader and Mr.E.Manoharan, Spl. Government Pleader

JUDGMENT

(Delivered by The Hon'ble Chief Justice) It has been pointed out by the learned Advocate General that the Ordinance has already taken the shape of an Act, which has already been gazetted.

2.Learned counsel for the petitioner prays that he may be permitted to withdraw this petition to pursue his remedy, in case so advised, by challenging the Act.

The Writ Petition is, accordingly, closed. No costs. Consequently, W.M.P.Nos.16061 and 16062 of 2020 also stand closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to the Governor (Tamil Nadu), Governor's Secretariat/Governor's Household Office, "Raj Bhavan", Guindy, Chennai 600 032.

2.The Principal Secretary to Government, Information and Public Relations Department,

3.The Director (Member Secretary), Information and Public Relations Dept., 4.The Secretary to Government, Law Department, St. George Fort, Chennai 600 009.

+1cc to Mr.S.L.Suparsanam, Advocate SR.36219 +1cc to the Government Pleader SR.35903 W.P.No.12978 of 2020 PP(CO) CB(08/12/2020)