STATE OF TAMIL NADU Vs. M.K. STALIN

JUDGEMENT

(1.) The brief facts leading to these Appeals are as follows:

(2.) The said Writ Petition was closed, recording the death of the Petitioner therein. It is also pertinent to note that the First Respondent in these IntraCourt Appeals had also challenged the Summons issued to them. Pursuant to the Order, dtd. 3/8/2018 made by the learned Single Judge, the Chairman of the Commission demitted his office. The resignation was also accepted by the Government and thereafter, the Government Orders in G.O.(Ms) No.721, dtd. 24/9/2018 was issued by the Government directing the Secretary of the Enquiry Commission to handover all the records, Reports of the Investigating Agencies, statements and evidences collected by the Enquiry Commission to the office of the Third Appellant herein. The same was followed up with the Letter by the Second Appellant to the Third Appellant according permission to conduct a detailed enquiry in this regard and send a report to the Government, on the receipt of the relevant materials as directed under the Government Order as stated supra. The First Respondent in the respective Appeals, had sought permission of this Court to withdraw the Petitions filed by them challenging the appointment of the Enquiry Commission and all its further proceedings including the Summons issued to them. The learned, Single Judge permitted them to withdraw their Petition, but had inter alia made certain observations. Challenging the said observations, they had filed Intra-Court Appeals, which are pending on the file of this Court. The First Respondent in the respective Appeals had also filed Writ Petitions, challenging the Government Orders stated supra and the consequential proceedings for a detailed enquiry. The learned Single Judge by the Order impugned in these Intra-Court Appeals had set aside the Government Order as stated supra as also the consequential Direction issued by the Second Appellant.

(3.) In this backdrop, these Intra-Court Appeals had been listed on our Board. The Appellant in these Writ Appeals, being the State seeks to withdraw the Appeals. However, the Petitioner in the Impleading Applications would strongly object to the State's request to withdraw these Appeals. Both, the learned Advocate General and the learned Counsel for the First Respondents in the respective Appeals would question the locus of the Impleading Petitioner. In such an event, we are constrained to consider the pleas raised by the respective Counsel both on the right of the Impleading Petitioner to get himself impleaded in these Intra-Court Appeals and the right of the Appellant to withdraw the Appeals.