Thiru Suman Thalwar Vs. Secretary, State of Tamil Nadu and Others - Court Judgment

Excerpt:

- [r.s. pathak and; ranganath misra, jj.] -- constitution of india — article 32 — practice — transfer of wp to high court — writ petition before supreme court raising an additional question not raised in the writ petition filed by the same party and pending before high court — writ petition before high court expected to be disposed of within a month -- we understand that writ petition no. 16445 of 1985 has been filed by the petitioner in the high court of madras and is presently pending there. according to learned counsel for the petitioner, this criminal writ petition before us raises a question which has not been raised in the aforesaid writ petition. the records of this criminal writ petition shall be transmitted forthwith by the registry of this court to the high court of madras......petition. this additional question may also be considered by the high court, and for that purpose we direct the transfer of the records of this criminal writ petition to the high court of madras for disposal on the basis that it is a writ petition under article 226 of the constitution. we trust that it will be possible for the high court to take up both the writ petitions at an early date and if possible to dispose them of within six weeks from today. the parties will appear before the court of the learned chief justice of the high court of madras for appropriate directions on september 16, 1986. the records of this criminal writ petition shall be transmitted forthwith by the registry of this court to the high court of madras.2. in the event of the high court dismissing the writ petition and, in consequence of the petitioners being liable to be detained immediately thereafter the high court may consider it proper to suspend the operation of the order requiring detention of the petitioner for a period of two weeks to enable the petitioner to apply to this court for relief.