LAWS(MAD)-2012-8-404

T.T.RAVICHANDRAN Vs. GOVERNMENT OF TAMIL NADU

Decided On August 21, 2012
T.T.RAVICHANDRAN Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) Writ petition No. 28144/2010 has been filed to issue a writ of declaration declaring Amending Act 19 of 2010 as published in the Tamil Nadu Government Gazette Extraordinary bearing No. 154 dated 27.05.2010, so far as it pertains to the Amendment in Sections 1(1 and 2), 3 and 4(2) of the aforesaid Amending Act, as void and ultra vires the State legislature and consequentially, to strike it down as unconstitutional. Writ of declaration declaring Section 3A of the Chennai City Civil Courts Act 1892 as void and ultra vires the State Legislative and consequentially, strike it down as unconstitutional. Originally, the above writ petitions were heard by the Hon'ble First Bench of this court on 10.12.2010 and on that day, the Hon'ble First Bench has made the following observations:

(2.) That is how the writ petitions came to be listed before this Court. As early as on 21.12.2010, the writ petitions were admitted and they were directed to be posted for hearing on 18.01.2011. Thereafter, at the instance of the learned counsel appearing for the respondents, the matter was adjourned several times. On 02.04.2012 this Court, after hearing the learned counsel appearing on either side, observed that, if the assent of his Excellency the President of India is not obtained within a period of eight weeks from that date with regard to the issue involved in these writ petitions, then, this Court would consider granting an order of interim stay as prayed for. Even thereafter, the matter came to be adjourned several times at the instance of the learned counsel appearing for the respondents. Therefore, it is clear that, though this Court facilitated the respondents to rectify the lacuna yet, the respondents have not shown any interest to comply with the order dated 02.04.2012 passed by this court. In view of the non-compliance of the said order passed by this court, the writ petitions are allowed. No costs. Connected miscellaneous petitions are closed.