V.Moorthy v. The State Of Tamil Nadu

W.M.P.No.26170 of 2019 in W.P.No.26784 of 2019 R. SURESH KUMAR, J.

This miscellaneous petition has been filed to treat the third respondent viz., one Selvamirtham and the fourth respondent one Lakshmi Narayanan Sharma to represent all the private respondents, who may be affected in case the prayer sought for in the writ petition is granted in favour of the petitioners, in their representative capacity within the meaning of Rule 2A of the erstwhile Rules and Rule 16 of the present Rules viz., The Madras High Court Writ Rules, 2021. The said Rule reads thus, "16.

Writ Petition against numerous respondents: Where there are numerous persons who may be affected in the event of the petitioner succeeding in Writ Petition or whose addresses for effective service of notice in the Writ Petition is not known to the writ petitioner, or where the Court for avoidance of delay, considers it necessary to grant such permission, the petitioner may, with the permission of the Court, file a single petition against one or more of such persons who may be affected, designating and describing him or them, as representing all such persons; Provided that while granting permission to the petitioner to implead a respondent or respondents in a representative capacity, the Court may direct publication of notice in the prescribed form to afford an opportunity to affected persons to come on record if he so chooses."

2. In view of the said Rule position, since the petition has been moved 1 / 3

to treat the third and fourth respondents herein in their representative capacity to represent all private respondents who may be affected in case the writ petition is allowed in favour of the petitioner or any order is passed in his favour, such permission is granted.

3. As a sequel, as per the proviso to Rule 16 referred to above, the petitioner is permitted to take paper publication informing the proposed parties / affected persons that the respondents 3 and 4 have been impleaded and who have been treated as representatives of all the affected persons in the writ petition, where the prayer sought for in favour of the petitioner and such paper publication shall be issued in one English Daily and one vernacular daily (Tamil) having wide circulation throughout the State of Tamil Nadu. Such paper publication shall be made within 30 days from today and proof of such publication shall be filed before this Court during the next hearing date.

4. This miscellaneous petition is ordered accordingly. Post the main writ petition on 17.08.2022.

06.07.2022 KST Note : Issue order copy tomorrow (07.07.2022) 2 / 3

R. SURESH KUMAR, J.

kst W.M.P.No.26170 of 2019 in W.P.No.26784 of 2019 06.07.2022 3 / 3