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Madras High CourtWP/28425/2021disposed of

Mr.Sridhar v. The Union State Of Pondicherry

2022-01-04Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.1.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.28425 & 28431 of 2021 & WMP.No.30034 of 2021 M.Sridhar .. Petitioner in WP.No.28425/2021 G.A.Jagaannathan .. Petitioner in WP.No.28431/2021 Vs The Union State of Pondicherry rep.by its Chief Secretary, Government of Pondicherry, Pondicherry .. Respondent in WP.No.28425/2021 1.The Union of India, rep.by its Secretary to Government, Ministry of Home Affairs, Government of India, New Delhi.

2.The Secretary to Government, Ministry of Health and Family Welfare Department, Nirman Bhavan, New Delhi.

3.The Health Secretary to Government, Government of Puducherry, Puducherry-605001.

4.The Secretary to Government, Revenue Department, Chief Secretariat, Puducherry-1.

5.The Commissioner, Puducherry Municipality, Puducherry.

.. Respondents 1 to 5 in WP.No.28431/2021 Prayers: Petitions filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to take appropriate measures and impose appropriate COVID-19 restrictions for the events to be conducted during the NEW YEAR 2022 (WP.No.28425 of 2021); and to forbear the respondents from allowing New year Celebrations in the Union Territory of Puducherry and further control the movements of vehicles from the neighboring States (WP.No.28431 of 2021)respectively.

For Petitioners : Mr.K.Sivasubramanian for Petitioner in WP.No.28425 of Mr.M.Gnanasekar for Petitioner in WP.No.28431 of For Respondents : Mr.N.Mala, Government Pleader(Pondicherry) for respondent in WP.No.28425 of 2021 & for respondents 3 to 5 in WP. No.28431 of 2021 Mr.AR.Sakthivel, CGSC for respondents 1 and 2 in WP.

No.28431 of 2021 COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) The public interest litigations have been filed seeking a direction to forbear the respondents from allowing the new year celebrations in the Union Territory of Puducherry and to control the vehicles movement from the neighboring States.

2. We have heard the learned counsel for the parties.

3. This Court passed a detailed order on 29.12.2021 with reference to the prayers made in the writ petitions. The said order dated 29.12.2021 is virtually a final order passed in the writ petitions, as detailed directions were given by this Court with regard to the new year 2022 celebrations in the Union Territory of Puducherry.

4. It is, however, alleged by the learned counsel for the petitioners that the directions issued by this Court in the said order dated 29.12.2021 have been flouted by the Administration and others.

5. If that is so, a contempt petition can be filed with evidence with reference to the alleged violation of any of the directions given by this Court in the said order dated 29.12.2021. Further, there is no purpose in keeping these writ petitions pending. It is not only for the reason that necessary directions were already issued by this Court in the said order dated 29.12.2021, but also for the reason that 31.12.2021 has already passed by.

6. In view of the above, we close the writ petitions by maintaining the directions given by this Court on 29.12.2021 with liberty to the parties to file a contempt petition with evidence if the directions given therein are flouted. Consequently, the connected WMP is closed. There will be no order as to costs. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar RS To:

1.The Union State of Pondicherry rep.by its Chief Secretary, Government of Pondicherry, Pondicherry 2.The Union of India, rep.by its Secretary to Government, Ministry of Home Affairs, Government of India, New Delhi.

3.The Secretary to Government, Ministry of Health and Family Welfare Department, Nirman Bhavan, New Delhi.

4.The Health Secretary to Government, Government of Puducherry, Puducherry-605001.

5.The Secretary to Government, Revenue Department, Chief Secretariat, Puducherry-1.

6.The Commissioner, Puducherry Municipality, Puducherry.

+1cc to Mr.M.Gnanasekar, Advocate SR.No.423 +1cc to the Government Pleader, SR.No.524 W.P.Nos.28425 & 28431 of 2021 and WMP.No.30034 of 2021 EV(CO) CB(10/01/2022)