B.Saravana Sathish Kumar v. The Govt Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, THE CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition Nos. 27251, 25723, 31435, 31478, 31462 and 31631 of 2007

1. W.P. No. 27251 of 2007:- B. Saravana Sathish Kumar ... Petitioner vs.

1. The Govt. of Tamilnadu rep. by its Chief Secretary Fort St. George, Chennai-9.

2. Sri. M. Karunanidhi Chief Minister in Council of Ministers for Governer of Tamilnadu Fort St. George, Chennai-9.

3. The Dravida Munnetra Kazhagam rep. by its President Sri.M.Karunanidhi Anna Arivalayam, Teynampet Chennai 600 018.

4. The Tamilnadu Congress Committee rep. by Sri.M.Krishnasamy Sathyamurthi Bhavan Chennai 600 002.

5. The Pattali Makkal Katchi rep. by Sri.G.K.Mani, MLA Govt. Estate, Chennai-2.

6. The Dravidar Kazhagam rep. by its President - Periyar Thidal Vepery, Chennai - 7.

7. The Communist Party of India rep. by its State Secretary Tha. Pandiyan Shevaliyar Sivaji Ganesan Road Chennai 600 017.

8. The Marxist Communist Party of India (rep. by State Secretary - N.Varadarajan) Dr. Shevaliar Sivaji Ganesan Road Chennai - 17.

9. The Dalit Panthers of India rep. by its General Secretary Sri. Thirumavalavan G.N. Chetty Road, T. Nagar Chennai - 17.

10. The Tamilnadu State Indian Muslim League, rep. by its President Sri.K.M.Khader Moideen, MP Marakkayar Labbai St.

Mannady, Chennai 600 001.

11. The Tamil Nadu Muslim Munnetra Kazhagam, rep. by M.M.Jafarullah Vada Marakkayar Street Chennai 600 001.

12. The Marumalarchi Dravida Munnetra Kazhagam rep. by Sri.L.Ganesan, MP Peravurni Orathanadu Taluk, Thanjavur District.

13. The Desiya Murpokku Dravidar Kazhagam rep. by its Founder President M.Vijayakanth Koyambedu, Chennai 600 007.

... Respondents PRAYER: Writ Petition No. 27251 of 2007 filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, to declare that the bandh conducted by the respondents on 31.3.2007 was illegal and unconstitutional and therefore respondents 1 and 2 are unfit to continue to hold their respective offices and respondents 3 to 13 have lost their respective political status.

2. W.P. No. 25723 of 2007:- B. SARAVANA SATHISH KUMAR ... PETITIONER Vs * Respondents 1 to 5 deleted as per Suo moto Order dated 01.08.2007 by the Hon'ble CJ & PJMJ in W.P.25723 of 2007.

6. THE GOVERNMENT OF TAMILNADU REP BY ITS CHIEF SECRETARY FORT ST. GEORGE CHENANI -9

7. THE CABINET CHIEF MINISTER CABINET OF GOVERNOR OF TAMILNADU FORT ST. GEORGE CHENANI-9

8. THE DRAVIDAR MUNNETRA KAZHAGAM REP. BY ITS PRESIDENT SRI M KARUNANIDHI ANNA ARIVALAYAM TEYNAMPET CHENNAI -18

9. THE TAMILNADU CONGRESS COMMITTEE REP BY ITS SRI KRISHNASAMY SATHYAMURTHY BHAVAN CHENNAI -18 BHAVAN 10.THE PATTALI MAKKAL KATCHI REP BY ITS G.K MANI MLA GOVT ESTATE CHENNAI 600 007 11.THE DRAVIDAR KAZHAGAM (REP BY ITS PRESIDENT PERIYAR THIDAL) VEPERY CHENNAI 600 007 12.THE COMMUNIST PARTY OF INDIA REP. BY ITS STATE SECRETARY THE PANDIYAN SHEVALIYAR SHIVAJI GANESAN ROAD CHENNAI-17 13.THE MAXXIST COMMUNIST PARTY OF INDIA (REP. BY ITS STATE SECRETARY N. VARADARAJAN DR. SHEVALIAR SHIVAJI GANESAN ROAD NORTH BOAG ROAD T. NAGAR CHENANI -17

14.THE DALIT PARTNERS OF INDIA REP. BY ITS GENRAL SECRETARY SRI THIRUMAVALAVAN GN CHETTY ROAD CHENANI-17 15.THE TAMILNADU STATE INDIAN MUSLIM LEAGUE REP BY ITS PRESIDENT SRI KM KHADER MOIDEEN MP MARAKKAYAR LABBAI STREET MANNADY CHENNAI -1 16.THE TAMILNADU MUSLIM MUNNETRA KAZHAGAM REP. BY ITS M.M JAFFERULLAH VADA MARAKKAYAR STREET CHENNAI-1 17.THE MARUMALARCHI MUNNETRA KAZHAGAM REP. BY ITS (RIVAL KAZHAGAM) SRI L.GANESAN PERAVURANI ORATHANADU TALUK TANJORE DISTRICT 18.THE DESIYA MURPOKKU DRAVIDAR KAZHAGAM REP. BY ITS FOUNDER PRESIDENT MR.VIJAYAKANTH KOYAMBEDU CHENNAI-7 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS or any other appropriate order or direction in the nature of a Writ directing the respondents 1 to 4 above to take appropriate action as applicable to them respectively against the above respondents 5 to 18 for violation of the constitution of india, U/A.141, 142, 144, 51 (A) as well as under Art. 19 & 21 of the constitution of India.

3. W.P.No.31435 of 2007:- All India Dravida Munnetra Kazhagam, 226/275, Avvai Shanmugam Salai, Royapettah, Chennai 600 014.

Rep. by its President Chairman, E.Madhusudhanan ... Petitioner Vs

1. THE CHIEF SECRETARY GOVERNENT OF TAMILNADU SECRETARIAT CHENNAI - 9.

2. THE DIRECTOR GENERAL OF POLICE 601 DR.RADHAKRISHNAN SALAI CHENNAI - 4.

3. DRAVIDA MUNNETRA KAZHAGAM 'ANNA ARIVLAYAM' 268-269 ANNA SALAI TEYNAMPET CHENNAI-18 REP. BY ITS PRESIDENT M.KARUNANIDHI

4. INDIAN NATIONAL CONGRESS TAMILNADU PRADESH CONGRESS COMMITTEE SATHYAMOORTHY BHAVAN 40 THIRUVIKA SALAI CHENNAI - 2.

REP BY ITS TAMIL NADU PRESIDENT M.KRISHNASWAMY

5. COMMUNIST PARTY OF INDIA(MARXIST) 11/1-C VAIDYARAMA IYER ST.

T.NAGAR CHENNAI-17 REP BY ITS STATE SECRETARY N.VARADARAJAN

6. COMMUNIST PARTY OF INDIA 43 SOUTH BOAG ROAD, T. NAGAR CHENNAI-17 REP BY ITS STATE SECRETARY D.PANDIAN

7. THE PATTALI MAKKAL KATCHI 63 NATTU MUTHU NAICKEN STREET VANNIYA TEYNAMPET CHENNAI - 18 REP BY ITS FOUNDER S.RAMADOSS ... RESPONDENTS PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration or any other Order or direction in the nature of Writ declaring that the call for and holding of a Bandh in the State of TamilNadu either on 01.10.2007 or on any other date by the respondents 3 to 7 are violative of Articles 19 and 21 of the Constitution of India apart from being in contravention of the Directive Principles of State Policy, the Fundamental Duties embodied and enumerated in the Constitution of India.

4. W.P.No.31478 of 2007:- DR. SUBRAMANIAN SWAMY ... PETITIONER Vs

1. THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY FORT ST. GEORGE CHENNAI-9

2. THE DIRECTOR GENERAL OF POLICE TAMILNADU KAMARAJAR SALAI CHENNAI-4

3. DRAVIDA MUNNETRA KAZHAGAM HAVING ITS OFFICE AT ANNA ARIVALAYAM ANNA SALAI TEYNAMPET CHENNAI-18 REP. BY ITS PRESIDENT

4. DRAVIDA KAZHAGAM REP. BY ITS PRESIDENT DR. K. VEERAMANI PERIAR THIDAL E.V.K. SAMPATH SALAI VEPERY CHENNAI-3

5. INDIAN NATIONAL CONGRESS SATYAMURTHY BHAVAN GENERAL PATTERS ROAD ROYAPETTAH CHENNAI-14 REP. BY ITS TAMIL NADU UNIT PRESIDENT THIRU . KRISHNASAMY

6. PATTALI MAKKAL KATCHI ARANGANATHUR SUBWAY ROAD SAIDAPET CHENNAI- 24 REP. BY ITS PRESIDENT

7. DALIT PANTHERS PARTY REP. BY THIRU THOL. THIRUMAVALAVAN CHINNAYA PILLAI ST. T. NAGAR CHENNAI-17.

8. COMMUNIST PARTY OF INDIA REP. BY ITS SECRETARY BALAN ILLAM 1 BOAG ROAD T. NAGAR CHENNAI-17.

9. COMMUNIST PART MARXIST OF INDIA REP. BY ITS SECRETARY VAIDYARAMAN ST. T. NAGAR CHENNAI-17. ... RESPONDENTS

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF DECLARATION to declare that the bandh called by Respondents 3 to 9 for speedy implementation of the Sethu Samudhram Canal Project on 01.10.2007 (or to be called on any subsequent days) as unconstitutional and void and consequently direct Respondents 1 and 2 to ensure peace and maintain Law and order on 01.10.2007 or on any subsequent days.

5. W.P.No.31462 of 2007:- K.R.RAMASWAMY @ TRAFFIC RAMASWAMY ... PETITIONER Vs

1. THE CHIEF SECRETARY TAMILNADU SECRETARIAT CHENNAI 9.

2. THE SECRETARY HOME DEPARTMENT TAMILNADU SECRETARIAT CHENNAI 9.

3. THE DIRECTOR GENERAL OF POLICE TAMILNADU MYLAPORE CHENNAI 4.

4. THE COMMISSIONER OF POLICE GREATER CHENNAI CITY EGMORE CHENNAI 8.

5. THE PRESIDENT DRAVIDA MUNNETRA KAZHAGAM ANNASALAI CHENNAI 18. ... RESPONDENTS PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF DECLARATION in the form of Writ of declaring the proposed announcement of Bandh as illegal.

6. W.P.No.31631 of 2007:- R.BALASUBRAMANIAN ... PETITIONER Vs

1. MR.M.KARUNANIDHI THE CHIEF MINISTER OF TAMILNADU FORT ST. GEORGE CHENNAI 9.

2. THE GOVERNMENT OF TAMILNADU REP BY THE CHIEF SECRETARY GOVERNMENT OF TAMILNADU FORT ST.GEORGE CHENNAI 9.

3. THE HOME SECRETARY GOVERNMENT OF TAMILNADU FORT ST.GEORGE CHENNAI 9.

4. THE DIRECTOR GENERAL OF POLICE MYLAPORE CHENNAI 4.

5. THE UNION GOVERNMENT OF INDIA REP BY THE HOME SECRETARY NEW DELHI. ... RESPONDENTS PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the Respondents from organizing or assisting proposed state sponsored Bundh to be held on 1.10.2007 in the State of Tamilnadu to invoke the extra-ordinary jurisdiction under article 226 of the constitution of India.

W.P.No.27251/2007:- For Petitioner : Mr. B. Saravana Sathishkumar Party-in-person For Respondents : Mr. S.T.S. Murthi Government Pleader for R1 Mr. L. Baskaran for R2 & R3 R4 to 13 - No Appearance W.P.No.25723/2007:- For Petitioner : Mr. B. Saravana Sathishkumar Party-in-person For Respondents : Mr. S.T.S. Murthi Government Pleader assisted by Mr.V.R.Kamalanathan, AGP, Mr.V.Shanmughasunder for R6 & R7 Mr. L. Baskaran for R8 (N.A for Respondents 9 to 18)

W.P.No.31435/2007:- For Petitioner : Mr.S.Senthil For Respondents : Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.R.Kamalanathan for R1 & R2 Mr.L.Baskaran for R3 Mr.K.Balu for R7 Mr.R.Vaigai for R5 (N.A for R4 & R6) W.P.No.31478/2007:- For Petitioner : Mr.G.Rajagopalan SC for Dr.Subramanian Swamy (Party-in-Person) For Respondents : Mr.S.T.S.Murthi Government Pleader for R1 & R2 Mr.R.Vaigai for R9 Mr.L.Baskaran for R3 Mr.K.Balu for R6 (N.A for R4, R5, R7 & R8) W.P.No.31631/2007:- For Petitioner : Mr.R.Balasubramanian (Party-in-person) For Respondents : Mr. L. Baskaran for R1 Mr. S.T.S. Murthi Government Pleader for R2 to R4 W.P.No.31462/2007:- For Petitioner : Mr.K.R.Ramasamy @ Traffic Ramasamy (Party-in-person) For Respondents : Mr. S.T.S. Murthi Government Pleader for R1 to R4 Mr. L. Baskaran for R5

COMMON ORDER (Made by The Hon'ble The Chief Justice) The calling for a bandh by political parties resulted in filing of the present petitions. The matters were dealt with interim directions vide order dated 28.09.2007.

2. We see no purpose in carrying out an academic exercise now qua this issue. The question of law is left open.

3. The writ petitions accordingly stand disposed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// ATR Sub Assistant Registrar Copies to;

1. THE CHIEF SECRETARY GOVERNENT OF TAMILNADU SECRETARIAT CHENNAI - 9.

2. THE DIRECTOR GENERAL OF POLICE 601 DR.RADHAKRISHNAN SALAI, CHENNAI - 4.

3. THE HOME SECRETARY GOVERNMENT OF TAMILNADU FORT ST.GEORGE CHENNAI 9.

4. THE HOME SECRETARY THE UNION GOVERNMENT OF INDIA, NEW DELHI.

5. THE DIRECTOR GENERAL OF POLICE MYLAPORE CHENNAI 4.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.53422 +1cc to Mr.L.Baskaran, Advocate, S.R.No.53345 +1cc to the Government Pleader, S.R.No.53286 W.P. Nos. 27251, 25723, 31435, 31478, 31462 and 31631 of 2007 MSM(CO)CA(27/10/2015)