Tamilaga Asiriyar Koottani v. The Govt Of Tamilnadu Reply By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.28491 of 2004 Tamilaga Asiriyar Koottani rep.by its General Secretary, V.Annamalai, No.52, Nallathambi Street, Triplicane, Chennai - 600 005. .. Petitioner vs.

1. The Government of Tamilnadu, rep.by Secretary to Government, School Education Department, Fort St.George, Chennai - 9.

2.

The Government of Tamilnadu, rep.by Secretary to Government, Personnel and Administrative Department, Fort St.George, Chennai - 9.

3.

The Commissioner of Police, Greater Chennai, Egmore, Chennai - 600 008.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration, declaring the Rule 22 of the Tamilnadu Government Servant Conduct Rules, 1973 as ultravires of the constitution of India and null and void in so far as it prohibits the demonstrative fast and consequently the endorsement issued in No.1307/S.B.11/2004-1 dated 09.09.2004 by the third respondent and issue a direction to the respondents to permit the petitioner association and the members of the JACTTEO to conduct a demonstrative fast on any of the Government holiday in a space available opposite to the State Guest House, Chepauk, Chennai-5 from 9 A.M. To 5 P.M.

For Petitioner : Mr.R.Saseetharan For Respondents : Mrs.M.E.Rani Selvam Additional Government Pleader

ORDER

The writ petition has been filed by the petitioner seeking for issuance of a Writ of Declaration declaring the Rule 22 of the Tamilnadu Government Servant Conduct Rules, 1973 as ultra vires of the constitution of India and null and void in so far as it prohibits the demonstrative fast and consequently the endorsement issued in No.1307/S.B.11/2004-1 dated 09.09.2004 by the third respondent and issue a direction to the respondents to permit the petitioner association and the members of the JACTTEO to conduct a demonstrative fast on any of the Government holiday in a space available opposite to the State Guest House, Chepauk, Chennai-5 from 9 A.M. To 5 P.M.

2. Heard the submissions of Mr.R.Saseetharan, learned counsel appearing for the petitioner and Mrs.M.E.Rani Selvam, learned Additional Government Pleader appearing for the respondents.

3. Pursuant to the interim order granted by this Court, the petitioner association and the members of the JACTTEO conducted the protest. So, the prayer in the writ petition is almost covered by the interim order and therefore, nothing survives in this writ petition for further adjudication.

4. In view of the above, this writ petition is closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ub To 1.

The Government of Tamilnadu, rep.by Secretary to Government, School Education Department, Fort St.George, Chennai - 9.

2.

The Government of Tamilnadu, rep.by Secretary to Government, Personnel and Administrative Department, Fort St.George, Chennai - 9.

3.

The Commissioner of Police, Greater Chennai, Egmore, Chennai - 600 008.

+1cc to the Government Pleader, S.R.No.49102 W.P.No.28491 of 2004 AD(CO) CS/02/08/17