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Madras High CourtCMP/12023/2025allowed

A.Ashok Kumar, v. A.Nambi Venkatesh,

2025-06-20Honourable Mr Justice R. Subramanian,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in W.A.No.555 of 2025 and C.M.P.No.4473 of 2025 A.Ashok Kumar ...

Petitioner / 17th respondent Vs.

1.A.Nambi Venkatesh 2.S.Prithivirajan 3.G.Ramachandran ...

Respondent Nos.1 to 3 / Appellants 4.Metropolitan Transport Corporation Ltd., Rep. by its Managing Director, Pallavan Salai, Chennai - 2.

5.The Government of Tamil Nadu, Rep. by its Secretary, Transport Department, Secretariat, Chennai - 9.

6.The Assistant Commissioner of Police, The Investigation Officer, CCB CR. No 441/2015, Central Crime Branch, Job Racket wing, (Velavaippu Modadi Thaduppu Pirivu), Veperi, Chennai - 7.

7.S.Ramesh 8.R.Naresh Kumar 9.K.Gowthaman 10.S.Saravanan Page No.: 1 of 4

11.R.Vijayaragavan 12.S.Arunkumar 13.C.Perumal 14.V.Gangadhran 15.G.Shanmugasundram 16.M.Rajini 17.A.Saravanakumar 18.S.Ramesh 19.M.Rajasekaran ...

Respondent Nos.4 to 19 / Respondent Nos.1 to 16 20.M.Sathish 21.P.Senthilkumar 22.M.Sudershan 23.R.Subash 24.V.Naveen Kumar 25.G.Balaji 26.M.Anand 27.P.Manimaran 28.D.Aasok 29.N.Thiyagu 30.R.Rajaam 31.K.Saravanan 32.B.Vanchi Raja Thilipan 33.R.S.Prabakaran 34.G.Nagarajan 35.S.Manikandan 36.H.Mani 37.S.Karthick 38.M.Magesh ...

Respondent Nos.20 to 38 / Respondent Nos.18 to 36 For Petitioner :

Mr.N.Jyothi Senior Counsel for Mr.R.Kannan For Respondents :

Mrs.Dakshayani Reddy Standing Counsel - R20 & R29 ***** Page No.: 2 of 4

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) We had heard the learned counsels and reserved orders on 28.04.2025. Since we were informed that a petition for deferring the pronouncement of the judgment and to post the appeal for rehearing has been filed and the intervening summer vacation, we had not pronounced the orders in the appeals. 2.

Today, when the matter is taken up for hearing, Mr.N.Subramaniyan, learned counsel, who had appeared for the appellants in the appeal, has filed a memo withdrawing his appearance. The memo dated 20.06.2025 is recorded.

3.

Mr.N.Jyothi, learned Senior Counsel, instructed by Mr.R.Kannan, learned counsel, who has appeared for the 17th respondent in the appeal, has filed a petition in C.M.P.No.12023 of 2025 for rehearing, contending that the Hon'ble Supreme Court in its order dated 09.05.2025 had held that the action of Mr.N.Subramaniyan appearing for one of the accused in the criminal case connected with this appeal and also appearing for the non-selected candidates cannot be accepted and he had, in fact, filed an affidavit before the Hon'ble Supreme Court apologising for the mistake.

4.

In view of the same, this Civil Miscellaneous Petition in Page No.: 3 of 4

C.M.P.No.12023 of 2025 will stand allowed and the Writ Appeal in W.A.No.555 of 2025 is dereserved and listed for final hearing on 14.07.2025. The parties shall file whatever pleadings they want to file by 14.07.2025. (R.SUBRAMANIAN J.) (G.ARUL MURUGAN J.) 20.06.2025 sri To 1.The Managing Director, Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai - 600 002.

2.The Secretary, Government of Tamil Nadu, Transport Department, Secretariat, Chennai - 9 3.The Assistant Commissioner of Police The Investigation officer, CCB Cr.No.441/2015, Central Crime Branch, Job Racket Wing, (Velaivaippu Mosadi Thaduppu Pirivu), Veperi, Chennai-7 Page No.: 4 of 4