SEKAR REPORTER

Court News from Madras High Court

M/S P WILSON ASSOCIATES COUNSEL FOR THE 1st RESPONDENT HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No. 29205 OF 2023 T. Manohar … Petitioner Vs. Mr. Udhayanidhi Stalin & Anr. … Respondent MEMO ON BEHALF OF THE 1ST RESPONDENT 1. It is humbly submitted that the above Writ Petition came up for admission on 06.10.2023 on which day this Hon’ble Court recorded the objections of the ld. Senior Counsel appearing for the 1st Respondent that the writ petition is not maintainable.

by ·

I HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. 29205 OF 2023
T. Manohar
… Petitioner
Vs.
Mr. Udhayanidhi Stalin & Anr.
… Respondent
MEMO ON BEHALF OF THE 1ST RESPONDENT
1. It is humbly submitted that the above Writ Petition came up for admission on 06.10.2023 on which day this Hon’ble Court recorded the objections of the ld. Senior Counsel appearing for the 1st Respondent that the writ petition is not maintainable.
2. It is humbly submitted that thereafter, the counter affidavit of the 1st Respondent was filed on 16.10.2023 along with the petition to decide maintainability as a preliminary issue in W.M.P. No. 29853 of 2023 and the ld. Senior Counsel for the 1st Respondent commenced arguments on 16.10.2023. Thereafter the case was posted for continuation of arguments of ld. Senior Counsel on 31.10.2023.
3. After the ld. Senior Counsel for the 1st Respondent commenced arguments and pointed out certain incurable defects in the Writ Petition, the Writ Petitioner has filed two applications in (i) W.M.P. No. 31023 of 2023 praying for:
“Hence it is humbly prayed that this Hon’ble Court may be pleased to amend the 2nd Respondent as “The Secretary, Tamil Nadu Legislative Assembly, Secretariat, Fort St. George, Chennai 600 009” in W.P. No. 29205 of 2023 and thus render justice.”
And ii) W.M.P. No. 31025 of 2023 praying for:
“It is humbly prayed that this Hon’ble Court may be pleased to direct the (i) Thanthi T.V. Having office at No. 86, E.V.K. Sampath Road, Vepery, Periyamet, Chennai 600 007 running the Thanthi news channel to produce the video recording of the programme organised by “Murpokku Ezhuthular Sangam” under the heading “Sanathana Ozhippu Manadu” on 02.09.2023 at Chennai, before this Hon’ble Court and to pass such further or other orders as this Hon’ble Court may deem fit and render justice”
4. These Writ Miscellaneous Petitions were first listed on 31.10.2023. The 1st Respondent had filed the counter affidavit to these W.M.P.s on 07.11.2023.
5. It is humbly submitted that the ld. Senior Counsel for the Petitioner and the 1st Respondent have completed arguments on the above W.M.P Nos. 31023 and 31025 of 2023 alone on 07.11.2021.
6. It is humbly submitted that as per the catena of judgements of the Hon’ble Supreme Court, ordinarily, when an amendment of writ petition is sought by the petitioner, such an application has to be decided first, so as to allow the Respondents an opportunity to file their counter to the amended writ petition, in case the petition to amend is going to be allowed. Failure to grant this opportunity will lead to violation of principles of natural justice as the Respondent will have no opportunity to respond to the amended pleadings. Further, since the W.M.P Nos. 31023 and 31025 of 2023 itself were filed only after the filing of counter affidavit by the 1st Respondent on 16.10.2023 and commencement of arguments by ld. Senior Counsel for the 1st Respondent, it is prayed that this Hon’ble Court may be pleased to pass orders in W.M.P Nos. 31023 and 31025 of 2023 and further give an opportunity to the ld. Senior Counsel for the 1st Respondents to continue arguments in the main writ petition thereafter.
7. It is humbly submitted that in the case of Chief Conservator of Forests vs. Collector & Ors. (2003) 3 SCC 472, the Hon’ble Apex Court has held that non joinder of necessary party is fatal to the suit and the suit must be dismissed.
8. It is further submitted that in the cases of Gulabchand Chhotalal Parikh Vs. State of Gujarat AIR 1965 SC 1153, Babubhai Mujibhai Patel Vs. Nandlal & Ors AIR 1974 SC 2105 and Sarguja Transport Service Vs. State Transport Appellate Tribunal, Gwailor & Ors. AIR 1987 SC 88, the Hon’ble Apex court has held that all principles of the Civil Procedure Code are applicable to Writ Proceedings.
9. It is therefore humbly prayed that this Hon’ble Court may be pleased to pass orders in W.M.P Nos. 31023 and 31025 of 2023 and thereafter give further opportunity to the ld. Senior Counsel for the 1st Respondents to continue arguments in the main Writ Petition No. 29205 of 2023 and W.M.P No. 29853 of 2023 thereafter and pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Dated at Chennai on this the 7th day of November, 2023

COUNSEL FOR THE 1st RESPONDENT

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. 29205 OF 2023
T. Manohar
… Petitioner
Vs.
Mr. Udhayanidhi Stalin & Anr.
… Respondent

MEMO ON BEHALF OF THE 1ST RESPONDENT

M/S P WILSON ASSOCIATES
COUNSEL FOR THE 1st RESPONDENT

You may also like...