Facts
The petitioners filed a series of writ petitions in 2006 challenging the constitutionality of the Tamil Nadu Electricity Board Service Regulations.
Source reference: p. 2W.P. No. 50345 of 2006 sought a declaration that Regulation 97 is unconstitutional, arbitrary, and null and void.
Source reference: p. 2W.P. No. 50346 of 2006 challenged administrative proceedings from 1986 and 1987 (B.P.Ms.(FB)No.3 and B.P.Ms.(FB)No.66).
Source reference: p. 4W.P. No. 50347 of 2006 challenged a specific impugned letter dated August 1, 2006.
Source reference: p. 5Issues
Whether Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is unconstitutional or ultra vires the Constitution of India.
Source reference: p. 2, para 1Law Applied
The court applied the principle of stare decisis and the finality of litigation.
Source reference: p. 6, para 2Once a statutory provision or regulation has been judicially scrutinized and upheld by a competent court, subsequent challenges on the same grounds do not survive for further adjudication.
Source reference: p. 6, para 2Reasoning
During the proceedings, the learned counsel for the petitioners submitted that the legal validity of Regulation 97 had already been upheld in prior litigation.
Source reference: p. 6, para 2Because the provision in question had been established as legally sound, the court determined that the substratum of the petitioners' challenge had disappeared.
Source reference: p. 6, para 2-3Consequently, there was no live legal issue or "surviving" controversy for the High Court to adjudicate under Article 226 of the Constitution.
Source reference: p. 6, para 2-3Holding
The Court held that since the issue regarding the validity of Regulation 97 does not survive, the writ petitions must be closed.
The final order closed all three Writ Petitions (W.P. Nos. 50345 to 50347 of 2006) and the connected miscellaneous petitions (M.P. Nos. 1, 1, and 1 of 2013) with no order as to costs.
Source reference: p. 6, para 3Original Court PDF
S. RAMESHvsTHE CHAIRMAN
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