JUDGMENT :

R. SURESH KUMAR, K. KUMARESH BABU, JJ.

Common Prayers: Writ Appeals have been filed under Clause 15 of Letter Patent against the order dated 13.12.2018 made in W.P.Nos.26924 & 27376 of 2018.

1. The brief facts leading to these appeals are as follows:-

During the years 2006-2011, the government of Tamil Nadu took a policy decision to construct new legislative assembly buildings. At that relevant point of time, the political party to which the first respondents in the respective appeals belonged to was in power. In the assembly elections held in the year 2011, the rival political party had gained power. Thereafter on various allegations which were made against the manner in which the construction of the new assembly building was carried out, an enquiry commission under the chairmanship of retired Judge of this court was formed. Since the Chairman demitted his office by resignation, another retired judge of this court was appointed in his place. After the new incumbent had assumed office, and pursuant to the documents collected by the authorised officer, summons were issued to the respective individuals. Challenging the said summons a Writ Petition was filed before this court by the former Chief Minister, who had headed the Government during the said period. This court by way of an interim order dated 03.08.2018, passed the following order:-

126. In view of the importance involved in the issues raised in these petitions, this Court has considered the issues at length and following orders are passed in the vacate stay petitions and in the stay petitions, as under:-

(i) The third respondent/State is directed to issue orders within one week from today, suspending the Hon'ble Thiru Justice R.Regupathi Commission of Inquiry and stop all further allotment of funds including the perquisites and Government facilities, till the final disposal of the writ Petitions.

(ii) The third respondent/State is directed to review the functionings of all the existing commission of inquiries and take a decision in respect of its further continuance, dissolving the same or fixing the time limit for the submission of report based on the legal principles settled by the Hon'ble Supreme Court of India and the observations made in this order, within a period of four weeks.

(iii) The respondents 1 and 2 are directed to hand over all the records, reports of the Investigating Agencies, statements and the evidences collected, to the third respondent/State, within a period of two weeks from the date of receipt of a copy of this order. On receipt of those documents, the third respondent/State is directed to scrutinise the said reports of the Investigating Agencies, statements and evidences of Government Officials and files and if prima facie case is found, then institute criminal prosecutions against all the public servants, Government Officials and the persons concerned, under the Penal provisions of law.

(iv) The third respondent/State is directed to issue orders, vacating the respective Government Residential Bungalows allotted to all the Commissions of Inquiry, within a period of one month from the date of receipt of a copy of this order. If at all, accommodation is required, the same shall be provided in the Government Office buildings suitably.

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 Intra Court Appeals had also challenged the summons issued to them. Pursuant to the order dated 03-08-2018 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 GO (Ms), 721 dated 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, statemen