S. Vijayan & Etc. Etc. vs. The State Of Tamil Nadu & Etc. , Etc.

Court:Supreme Court of India
Judge:Hon'ble Shiva Kirti Singh
Case Status:Disposed
Order Date:18 Oct 2016
CNR:SCIN010114562015

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17 Apr 2015

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SUPPLEMENTARY MATTER

Listed on 18.10.2016 Court No. Item No.

SECTION XII

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 29245, 29353-29354, 29634, 29715, 32238-32239, 32240, 32241, 34978, 32160, 34568 & 33127-33130 OF 2014 & 6543, 26461-26463, 26464, 26256-26257 OF 2015 AND 31629-31642 OF 2014 WITH PRAYER FOR INTERIM RELIEF AND INTERLCOUTORY APPLICATION NO. 5 in SLP No.29245 (Application for Impleadment) AND INTERLCOUTORY APPLICATION NO... in SLP No.29245 (Application for Impleadment) AND INTERLCOUTORY APPLICATION NO. 51 in SLP No.34568 (Application for deletion of respondent Nos. 6, 7 and 9) AND INTERLCOUTORY APPLICATION NO. 52 in SLP No.34568 (Application for impleadment of Applicant Nos. 1 to 17 as Petitioners)

V. Lavanya & Ors. ...Petitioners

Versus

The State of Tamil Nadu & Ors. ...Respondents

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court on 5th October, 2016, when the Hon'ble Court was plesed to pass the following order:-

"Since the hearing of these matters have commenced, no further impleadment applications shall be entertained. Those applications, which have already been received before 04th October, 2016 shall be considered for the purposes of impleadment. List on 18th October, 2016."

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 29245, 29353-29354, 29634, 29715, 32238-32239, 32240, 32241 OF 2014

Service of each matters is given below:-

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 29245 OF 2014

It is submitted that there are ninety seven respodnents and respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate. ...2/-

It is further submitted that respondent No.5 was impleaded vide Court's Order dated 9th March, 2015 passed in Interlocutory Application No.3 and is represented by Mr. Sumit Kumar, Advocate.

It is further submitted that respondent Nos. 6 to 97 are impleaded vide Court's order dated 30th March, 2015 passed in Interlocutory Application No. 4 and all are represented by Mr. V. Ramasubramaniam, Advocate.

It is further submitted that Mr. V. Ramasubramaniam, Advocate, has on 10th July, 2015 filed application for impleadment with affidavit to implead the applicant as party respondent nos. 98 to 101 alongwith vakalatnama/appearance on behalf of all the proposed respondents. Same has been registered as Interlocutory Application no. 5 and the same has been included in the Special Leave Petition paper books.

It is further submitted that Mr. V. Ramasubramanian, Advocate has on 1st October, 2016 filed application for Impleadment of applicants as respondent Nos. 102 to 109 alongwith vakalatnama/appearance on behalf of all the proposed respondents. Same is registered as Interlocutory Application No. 6 and copy of the same has already been included in the SLP paper books.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 29353 OF 2014

There are four respondents. Respondent Nos. 1 to 3 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. A.D. card duly signed has been received back from respondent No. 4, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 29354 OF 2014

There are eight respondents. Respondent Nos. 1 to 3 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. A.D. card duly signed has been received back from respondent No. 8, but no one has entered appearance on his behalf so far. Counsel for the Petitioner has on 8th February, 2016 filed affidavit with proof of service on respondent Nos. 4 to 8, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 29634 OF 2014

There are 14 respondents in this matter. Respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. Counsel for the Petitioner has filed affidavit of dasti service with proof of service on respondent Nos. 5 to 14, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 29715 OF 2014

There are three respondents in this matter. Respondent Nos. 1 to 3 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books.

Service is complete.

...4/-

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 32238-32239 OF 2014

There are 20 respondents in this matter. Respondent Nos. 1 and 2 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. A.D. cards duly signed have been received back from respondent Nos. 6, 7, 8, 11, 17, 19 and 20, but no one entered appearance on their behalf so far. Neither A.D. cards nor unserved covers containing notices have been received back from respondent Nos. 3, 4, 5, 9, 10, 12 to 16 and 18 so far.

Service is not complete on respondent Nos. 3, 4, 5, 9, 10, 12 to 16 and 18 so far.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 32240 OF 2014

There are nine respondents in this matter. Respondent Nos. 1 to 3 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. Counsel for the Petitioner has filed affidavit of dasti service with proof of service on respondent Nos. 4 to 9, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 32241 OF 2014

There are three respondents in this matter. Respondent Nos. 1 and 2 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. Counsel for the Petitioner affidavit of dasti service with proof on respondent No. 3, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 34978 OF 2014

There are 12 respondents in this matter. Respondent Nos. 1 to 4 are common respondents in connected SLP(C) Nos. 31629-31642 of 2014, who are represented by Mr. M. Yogesh Kanna, Advocate, but he has not filed vakalatnama/appearance on their behalf in this matter. A.D. cards duly signed have been received back from respondent Nos. 7 and 11, but no one has entered appearance on their behalf. Neither A.D. cards nor unserved covers containing notices have been received back from respondent Nos. 5, 6, 8, 9, 10 and 12 so far.

-5-

Service is not complete on respondent Nos. 5, 6, 8, 9, 10 and 12 so far.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 32160 OF 2014

There are six respondents in this matter. Respondent Nos. 1 to 4 are common respondents in connected SLP(C) Nos. 31629-31642 of 2014, who are represented by Mr. M. Yogesh Kanna, Advocate. A.D. cards duly signed have been received back from respondent No. 5, but no one has entered appearance on their behalf. Neither A.D. card nor unserved cover containing notices has been received back from respondent No.6 so far.

Service is not complete on respondent No. 6 so far.

SPECIAL LEAVE TO APPEAL (CIVIL) NO. 34568 OF 2014

It is submitted that there are 10 respondents. Respndent Nos. 1 to 3 are represented by Mr. M. Yogesh Kanna, Advocate. A.D. cards duly signed have been received in respect of respondent Nos. 4, 5, 8 and 10, but no one has entered appearance on their behalf. Service is not complete on respondent Nos. 6, 7 & 9 and Mr. Satya Mitra Garg, Advocate has on 10th August, 2016 filed application for deletion of respondent Nos. 6, 7 and 9 and same is registered as Interlocutory Application No. 51 and copy of the same has already been included in the Special Leave Petition paper books.

It is further submitted that Mr. R. Nedumaran, Advocate has on 1st October, 2016 filed application for impleadment of Applicant Nos. 1 to 17 as Petitioners and same is registered as Interlocutory Application No. 52 and copy of the same has already been included in the Special Leave Petition paper books.

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 33127-33130 OF 2014

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 33127 OF 2014

There are ten respondents in this matter. Respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate. Counsel for the Petitioner has filed affidavit of dasti service with proof on respondent Nos. 5 to 10, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 33128 OF 2014

There are 16 respondents in this matter. Respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate. Counsel for the Petitioner has filed affidavit of dasti service with proof on respondent Nos. 5 to 16, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 33129 OF 2014

There are four respondents in this matter and are represented by Mr. M. Yogesh Kanna, Advocate.

Service is complete.

...7/-

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 33130 OF 2014

There are 15 respondents in this matter. Respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate. Counsel for the Petitioner has filed affidavit of dasti service with proof of service on respondent Nos. 5 to 15, but no one has entered appearance so far.

Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 31629-31642 OF 2014

There are eight respondents in this matter. Respondent Nos. 1 to 4 are represented by Mr. M. Yogesh Kanna, Advocate and he has on 15th April, 2015 filed counter affidavit on their behalf and copy of the same has already been included in SLP paper books. Counsel for the Petitioner has filed affidavit of dasti service with proof of service on respondent Nos. 5 to 8, but no one has entered appearance so far. Service is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 6543 OF 2015

The matter above mentioned was listed before the Hon'ble Court on 13th February, 2015, when the Hon'ble Court was plesed to pass the following order:-

"Permission to file special leave petition is granted. Delay condoned. Issue notice. Dasti service, in addition, is permitted to be effected on the Standing Counsel for the State. Appointments already made shall not be disturbed and the same will be subject to the outcome of this special leave petition. Tag with SLP(C) No.29245/2014."

Accordingly, show cause notice was issued to all the six respondents by registered A.D. post as well as dasti on 17th March, 2015. A.D. cards duly singned have been received back in respect of respondent Nos. 1 to 6, but no one has entered appearance on their behalf so far.

Service of show cause notice is complete.

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 26256-26257, 26461-26463 & 26464 OF 2015

The matters above mentioned were listed before the Hon'ble Court on 1st September, 2016, when the Hon'ble Court was plesed to pass the following order:-

"SLP(C)..CC No.15145-15146/15

Delay condoned.

Issue notice returnable in four weeks. Dasti, in addition, is permitted. Mr. G. Sivabalamurugan, learned counsel accepts notice on behalf of Respondent No.1.

Notice be issued to remaining respondents.

Tag with SLP(C) No.29245/2014.

S.L.P.(C)...CC No. 7238-7240/2015 &

S.L.P.(C)...CC No. 7197/2015

Permission to file SLP granted.

Delay condoned.

Issue notice returnable in four weeks.

Dasti, in addition, is permitted.

Mr. M. Yogesh Kanna, learned counsel accepts notice on behalf of the State.

Notice be issued to the remaining respondents."

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 26256-26257 OF 2015

It is submitted that show cause notice was issued to all the respondents by registered A.D. post as well as dasti on 6th October, 2015. A.D. card duly signed has been received in respect of sole respondent in SLP(C) No. 26256 of 2015, but no one has entered appearance on his behalf so far. Respondent No. 1 in SLP(C) No. 26257 of 2015 is represented by Mr. G. Sivabalamurugan, Advocate, but he has not filed counter affidavit so far. Counsel for the Petitioner has filed affidavit of dasti service of notice stating therein that he has served dasti notice on respondent No. 2 i.e. Union of India, Ministry of Human Resource Development. Instead of dasti service of notice on the Union of India, Ministry of Human Resource Development, he has served the copy on Central Agency Section, Supreme Court of India. No one has entered appearance on behalf of respondent No. 2 in SLP(C) No. 25257 of 2015 so far.

SPECIAL LEAVE TO APPEAL(CIVIL) NOS. 26461-26463 OF 2015

It is submitted that show cause notice has been issued to all the respondents by registered A.D. post on 18th September, 2016. Mr. M. Yogesh Kanna, Advocate has accepted notice on behalf of State, but he has not filed vakalatnama/appearance so far. Counsel for the Petitioner has on 9th August, 2016 filed affidavit of dasti service stating therein that notice has been served on all the respondents. He has enclosed the Track Report of registered post alongwith the affidavit of service. No one entered appearance on behalf of the respondents so far.

Service of notice is complete.

...10/-

-9-

SPECIAL LEAVE TO APPEAL(CIVIL) NO. 26464 OF 2015

It is submitted that show cause notice has been issued to all the three respondents by registered A.D. post as well as dasti on 15th September, 2016. Mr. M. Yogesh Kanna, Advocate has accepted notice on behalf of State, but he has not filed vakalatnama/appearance so far. Counsel for the Petitioner has on 12th August, 2016 filed affidavit of dasti service alongwith proof stating therein that dasti notice has been served, but no one entered appearance so far.

Service of notice is complete.

It is lastly submitted that the SLP(C)No.29245 of 2014(main matter) was mentioned before the Hon'ble Court on 14th September, 2016, when the Hon'ble Court was plesed to pass the following order:-

"Prayer made in this Interlocutory Application is to implead the applicants as proforma respondents because they claim to have similar interest as the petitioner. In the facts of the case, we dispose of the Interlocutory application by observing that the applicants will be heard as interveners in support of the petitioners.

The list of connected matters has been furnished by Mr. P.P. Rao, learned senior counsel appearing for the State of Tamil Nadu and he prays for early disposal of these matters because State needs a clear answer in the light of two conflicting judgments by the High court. Learned counsel for the petitioner has no objection.

In view of the above, we direct that the matters be listed on a non-misc.day alongwith connected matters, on 4th October, 2016 at the top of the list.

We have requested counsel for both the parties to file short written notes in advance."

...11/-

It is submitted that Mr. T. Harish Kumar, Advocate has on 3rd October, 2016 filed written submission in SLP(C) Nos. 29245 and 29353-29354 of 2014 and copies of the same have already been included in the SLP paper books.

It is further submitted that Anandh Kannan N., Advocate has on 3rd October, 2016 filed written submission in SLP(C) Nos. 32238-32239 of 2014 and copy of the same has already been included in the SLP paper books.

The matters alongwith applications above mentioned are listed before the Hon'ble Court with this office report.

Dated this, the 17th day of October, 2016.

ASSISTANT REGISTRAR

COPY TO:

Mr. T. Harish Kumar, Advocate Mr. M. Yogesh Kanna, Advocate Mr. Sumit Kumar, Advocate Mr. V. Ramasubramanian, Advocate Mr. Anandh Kannan N., Advocate Mr. L.K. Pandey, Advocate Mr. N. Rajaraman, Advocate Mr. Satya Mitra Garg, Advocate Mr. G. Sivabalamurugan, Advocate Mr. R. Nedumaran, Advocate

ASSISTANT REGISTRAR

ac

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