M. Beema Rao v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Beema Rao ..

Petitioner Vs.

1. The Union of India Rep. by its Secretary Ministry of Electronics and Information Technology (Government of India) Electronics Niketan, 6, CGO Complex Lodhi Road, New Delhi - 110 003.

2. The State of Tamil Nadu Rep. by its Secretary Department of Information Technology Fort St. George, Chennai.

3. The State of Tamil Nadu Rep. by its Secretary Department of Tamil Development and Information Fort St. George, Chennai - 104.

4. The Superintendent of Police (Nodal Officer), Crime Branch - Criminal Investigation Department (CB-CID) Cyber Crime Cell, No.220 Pantheon Road, Egmore, Chennai.

5. The Mission Director Fact Check Unit, Kalaivanar Arangam Wallaja Road, Chennai.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of declaration, declaring the G.O.Ms.No.190 (Tamil Development and Information (Advt) Department) dated 06.10.2023 issued by the third respondent unconstitutional, ultra vires of the Constitution of India.

For the Petitioner : Mr.K.P.S.Palanivel Rajan for Mr.R.Velmurugan For the Respondents : Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.R.Rajesh Vivekananthan Deputy Solicitor General for R1 Mr.J.Ravindran Additional Advocate General assisted by Mrs.R.Anitha Special Government Pleader for R2 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.P.S.Palanivel Rajan, learned counsel appearing for Mr.R.Velmurugan, learned counsel for the petitioner, Mr.AR.L.Sundaresan, learned Additional Solicitor General assisted by Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General for

respondent 1 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 2 to 4.

2. This matter is filed in the nature of a public interest litigation. The Government Order bearing G.O.(Ms).No.190 dated 06.10.2023 is assailed in the present writ petition.

3. Learned Additional Advocate General submits that the same Government Order is challenged in W.P.No.32768 of 2023 and the said writ petition is placed on 10.01.2024.

4. In the said writ petition, we have heard the learned Senior Counsel for some time. In the light of that, multiple public interest litigations for the same relief would not serve any purpose. It is not a case of any individual right being ventilated. All these issues can be considered in the pending public interest litigation, i.e., W.P.No.32768 of 2023.

5. As all the issues raised in the present public interest litigation are the subject matter of consideration in the earlier public interest litigation pending before this Court, it is not necessary to pass any orders in the present public interest litigation. In the light of that, we dispose of this present writ petition. There will be no order as to costs. Consequently, W.M.P.Nos.25345 & 25346 of 2023 are closed.

(S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The Secretary The Union of India Ministry of Electronics and Information Technology (Government of India) Electronics Niketan, 6, CGO Complex Lodhi Road, New Delhi - 110 003.

2. The Secretary The State of Tamil Nadu Department of Information Technology Fort St. George, Chennai.

3. The Secretary The State of Tamil Nadu Department of Tamil Development and Information Fort St. George, Chennai - 104.

4. The Superintendent of Police (Nodal Officer), Crime Branch - Criminal Investigation Department (CB-CID) Cyber Crime Cell, No.220 Pantheon Road, Egmore, Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 15.12.2023