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2011 Supreme(Mad) 4162

K.N.BASHA, N.PAUL VASANTHAKUMAR
Dravida Munnetra Kazhagam (D. M. K. ) rep. by its Secretary, Legal Wing, R. S. Bharathi – Appellant
Versus
State of Tamil Nadu rep. by its Chief Secretary – Respondent


Advocates appeared:
For the Petitioner:N. Jothi for R. Girirajan, R. Viduthalai, Sr. Counsel for M. Geetha Thamaraiselvan, P. Wilson, Sr. Counsel for V. Arun, Advocates.
For the Respondents:A. Navaneethakrishnan, Advocate General assisted by S. Venkatesh, Govt. Pleader, I. Subramanian, Public Prosecutor.

Judgment :-

K.N.BASHA, J. & N. PAUL VASANTHAKUMAR, J.

1. W.P.No.20805 of 2011 is filed by Dravida Munnetra Kazhagam, a political party represented by R.S.Bharathi, Secretary, Legal Wing, praying to quash the Government Order issued in G.O.Ms.No.423 Home (Pol.XI) Department, dated 28.7.2011, with further prayer to forbear the Officers of the third respondent herein from registering any First Information Report based on the above impugned Government Order.

2. In W.P.No.18872 of 2011, the petitioner, who is a Member of Parliament of Dravida Munnetra Kazhagam and also a practising Advocate of this Court prays to quash G.O.Ms.No.423 Home (Pol.XI) Department, dated 28.7.2011.

3. W.P.No.21126 of 2011 is filed by one of the practising Advocate of this Court, challenging the very same Government Order.

4. These writ petitions having been filed by way Public Interest Litigation, the respondents herein, appearing through the learned Advocate General, raised preliminary objection regarding maintainability of the writ petitions.

5. Since the maintainability issue is raised as preliminary issue, at the first instance we are called upon to decide as to whether these writ petitions are maintainable






























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