Madras High Court
Recovery Tribunal Advocates vs 2 Union Of India Represented on 21 January, 2021
W.P.Nos.9883, 10863 and 6037 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.9883, 6037 and 10863 of 2020
and WMP Nos. 12009,12010, 7086, 13183 and 13185 of 2020
Recovery Tribunal Advocates
Association Rep. by its Secretary
C. Ramaiah S/o. Chellaiah Deva Towers
6th Floor 770/A
Anna Salai Chennai 600 002 ... Petitioner in W.P.No.9883 of 2020
Revenue Bar Association,
rep. By its Secretary,
K.A.Parthasarathi ... Petitioner in W.P.No.6037 of 2020
Service Bar Association
Rep by its President L. Chandrakumar
S/o C.P. Lakshmanaswamy,
No.201,Velachery Main Road, Velachery,
Chennai – 600 042. ... Petitioner in W.P.No.10863 of 2020
Vs
1 Union of India represented
By its Secretary Department of Revenue No.
137 North Block New Delhi 110 001
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
W.P.Nos.9883, 10863 and 6037 of 2020
2 Union of India represented
By its Secretary Ministry of Law and justice
4th Floor Prasad Road Shastri Bhavan
New Delhi 110 001 .. Respondents in all the writ petitions
Writ Petitions filed under Article 226 of Constitution of India
praying to issue Writs of Declaration declaring the Tribunal Appellate
Tribunal and other Authorities (Qualification Experience and other
Conditions of Service of Members) Rules 2020 vide first respondents
impugned Notification No. GSR 109 (E) dated 12.02.2020 and that of
Notification F.No. 7/3/2020-DRT dated 23.06.2020 as null and void
defective and unconstitutional being violative of Articles 14, 21, 50 of
the Constitution of India and the Doctrine of Separation of Powers and
Independence of Judiciary which are part of Basic Structure of the
Constitution of India and further contrary to the principles laid down by
the Honble Supreme Court in Union of India Vs. R. Gandhi and Rojer
Mathew vs. South Indian Bank ltd in Civil Appeal No. 8588 of 2019
dated 13.11.2019.
For Petitioner : Mr.L. Chandrakumar,
for petitioner in W.P.No.9883 of 2020
Mr.V.Vijayashankar,
for petitioner in W.P.No.10863 of 2020
Mr.Rahul Unnikrishnan,
for petitioner in W.P.No.6037 of 2020
For Respondents : Mr.R. Sankaranarayanan
Addl.Solicitor General
assisted by
Mr.Ramachandrmoorthy
Page 2 of 4
https://www.mhc.tn.gov.in/judis/
W.P.Nos.9883, 10863 and 6037 of 2020
COMMON ORDER
(Made by The Hon'ble Chief Justice)
It is submitted by learned Additional Solicitor-General that the
substance of the petition has been dealt with by the Supreme Court in
the judgment rendered on November 27, 2020 in W.P.No.804 of 2020.
The other appearing parties also agree that the matter in issue has
been dealt with by the Supreme Court in the relevant judgment. As a
consequence, W.P.No.9883 of 2020 and the related matters are
disposed of. The interim applications are closed. There is no order as
to costs.
(S.B., CJ.) (S.K.R., J.)
21.01.2021
Index : Yes/No
tar
To
The Secretary
Department of Revenue
No.137 North Block
New Delhi 110 001
2 The Secretary
Ministry of Law and Justice
4th Floor Prasad Road Shastri Bhavan
New Delhi 110 001
Page 3 of 4
https://www.mhc.tn.gov.in/judis/
W.P.Nos.9883, 10863 and 6037 of 2020
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(tar)
W.P.Nos.9883, 10863 & 6037/2020
21.01.2021
https://www.mhc.tn.gov.in/judis/
