In a writ petition challenging the Presidential assent to the Census Amendment Bill, 2021 regarding caste classification, the High Court of Madras dismissed the petition as infructuous after receiving notification of the assent without adjudicating on merits.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.9403 of 2021
T.Karventhan : Petitioner Vs 1 The Chief Election Commissioner of India Nirvachan Sadan Ashoka Road New Delhi - 110 001. 2 The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department Secretariat Fort St. George Chennai - 600 009. 3 The Union of India Rep by its Secretary The Ministry of Social Justice and Empowerment Shastri Bhavan Dr. Rajendraprasad Road New Delhi - 110 001.
4 The Registrar General and Census Commissioner Ministry of Home Affairs Government of India Jai Singh Road New Delhi - 110 001. 5 The Chief Secretary State of Tamil Nadu Secretariat, Chennai - 600 009. : Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1 and 2 respondents to consider the petitioners representation dated 29.3.2021 and to stop the process of being sending the Bill No. 18 of 2021 for accent of the President in favour of the name claim - Devendra Kula Vellalars for a group of 7 divisions from scheduled Caste including Vathiriyar Kadaiyan Kaladi Pannadi
Pallar Devendra Kulathan and Kudumban during the election time and further issuing of any gazette publication related to this matter should not be entertained by the Government
For Petitioner : Mr.S.Santhosh Kumar
For Respondents : Mr.Niranjan Rajagopalan,
for respondents 1 and 2
Mr.V.Jayaprakash Narayanan,
State Government Pleader,
for 5 th respondent
Mr.Rajesh Vivekanandan,
for respondents 3 and 4
ORDER
(Made by The Hon'ble Chief Justice)
The writ petition was, at best, misconceived; but it has
now become infructuous.
2. The order sought was to issue a mandamus to stop the
process of Bill No.18 of 2021 passed by the Parliament for being
sent for the Presidential assent.
3. Such an order could never have been sought and may never
be passed. In any event, the Bill has received Presidential
assent according to the petitioner.
4. Accordingly, W.P.No.9403 of 2021 is dismissed without
going into the merits thereof. There will be no order as to
costs.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
sra
To
1 The Chief Election Commissioner of India
Nirvachan Sadan Ashoka Road
New Delhi - 110 001.
2 The Chief Electoral Officer of Tamil Nadu,
Public (Elections) Department
Secretariat Fort St. George
Chennai - 600 009.
3 The Secretary to Govt. of India
The Ministry of Social Justice and Empowerment
Shastri Bhavan Dr. Rajendraprasad Road
New Delhi - 110 001.
4 The Registrar General and Census Commissioner
Ministry of Home Affairs
Government of India
Jai Singh Road
New Delhi - 110 001.
5 The Chief Secretary
State of Tamil Nadu
Secretariat Chennai - 600 009.
+1cc to Mr.K.Ponraj, Advocate, S.R.No.23559.
+1cc to the Government Pleader, S.R.No.23405.
+1cc to the Assistant Solicitor General(Govt S.R.No.
W.P.No.9403 of 2021
VG-II(CO)
CSR 30.04.2021
2 issues framed by the court
Whether the High Court should issue a writ of mandamus to stop the President from assenting to the caste classification provisions in the Census Amendment Bill, 2021.
Whether the petition seeking to quash the Bill No. 18 of 2021 was heard on merits before dismissal.
1 provisions across 1 enactments
T.Karventhan
Chief Election Commissioner of India
Chief Electoral Officer of Tamil Nadu
Union of India
Registrar General and Census Commissioner
Chief Secretary, State of Tamil Nadu
SANJIB BANERJEE
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
