Tamilnadu Legislative Assembly v. E.Edwing, Advocate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN And THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.Nos.230 and 231 of 2013 And M.P.Nos.1 of 2013, 1 of 2014 and 2 of 2013 1.Tamil Nadu Legislative Assembly Rep. by its Secretary, Assembly Secretariat, Fort St. George, Chennai - 600 009.

2.The Secretary, Assembly Secretariat, Fort St. George, Chennai - 600 009.

... Appellants in both W.As.

Vs.

1.E.Edwig ... Respondent in W.A.No.230 of 2013 1.Nakkheeran Gopal ... Respondent in W.A.No.231 of 2013 Common Prayer:

Writ appeals filed under Clause 15 of the Letters Patent praying to set aside the common order dated 21.01.2013 made in W.P.Nos.8671 and 8672 of 2012 respectively.

Prayer in WP.NO.8671/12 This Writ petition is preferred Under Article 226 of the Constitution of india praying for the issue of a Writ of Mandamus ot direct the 2nd respondent to accpet the Vakalat filed by the petitioner and his advocate colleagues to appear represent plead and defend Nakkeheeran Gopal the Editor of Nakkheeran Tamil Bi-Weekly and Kamaraj the Associate Editor of Nakkheeran in the proceeding No.10756/2011-16 dated 28.01.2012 pending before the Privilege Committe of the State of Tamilnadu Assembly.

Prayer in WP.NO.8672/12 This Writ petition is preferred Under Article 226 of the Constitution of india praying for the issue of a Writ of Certiorarified Mandamus to call for the records of pertaining to the proceedings in the letter No.10756/2011-16 dated 28.01.2012 on the file of the respondents and quash the same and consequently direct the respondents to permit the petitioner to appear and represent through or alongwith his counsels as of right in the proceeding vide the letter No.10756/2011-16 dated 28.01.2012 issued by the respondents.

For Appellants : Ms.A.Srijayanthi Special Government Pleader For Respondents: Mr.P.T.Perumal C O M M O N J U D G M E N T (Judgment of the Court was delivered by K.K.SASIDHARAN,J.) When the intra court appeals were taken up for hearing today, the learned Special Government Pleader placed on record a copy of the Letter No.10756/2012-34, TNLAS (Bill-3), dated 08.07.2017 forwarded by the Secretary (i/c), Legislative Assembly Secretariat indicating that a decision was taken not to pursue the intra court appeals further. The letter reads thus: "I am to inform that the Writ appeal No.230/2013 & 231/2013 filed by Secretary, Tamil Nadu Legislative Assembly against W.P.No.8671/2012 and W.P.No.8672/2012 relates to a privilege issue raised against Thiru.Nakkheeran Gopal, Editor of Nakkheeran Magazine during the tenure of Fourteenth Tamil Nadu Legislative Assembly (2011-2016).

As all privileges issues have lapsed consequent on the dissolution of the Fourteenth Tamil Nadu Legislative Assembly, I am directed to request you to place the matter before the Hon. High Court of Madras that this Secretariat intention is not to pursue further."

2.In view of the decision taken by the Legislative Assembly Secretariat not to pursue the matter further, the intra court appeals are dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are also closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar TO:

1. The Secretary, Tamil Nadu Legislative Assembly Assembly Secretariat, Fort St. George, Chennai - 600 009.

2. The Secretary, Assembly Secretariat, Fort St. George, Chennai - 600 009.

+ 5 cc to M/s.P.T.Perumal, Advocate,SR.74927 + 1 cc to The Govt.Pleader, SR.75323 W.A.Nos.230 and And M.P.Nos.1 of 2013, and 2 of 2013 SK(CO) NR 15/11/2017