Madras HC orders notices to Law Ministry, TN govt.and a former Ad. Judge

Madras High Court today ordered notice to the Union Law Ministry, Tamil Nadu Government and former Additional Judge N Kannadasan on a petition, challenging Mr Kannadasan's appointment as the State Consumer Disputes Redressel Commission President. A Division Bench, comprising Mr Justice P K Misra and Mr Justice K Kannan directed the petitioners to remove the name of Chief Justice A K Ganguly from the respondents list. Ms Vaigai, the Counsel for the petitioners, accepted it and removed the name. The Judges ordered notice of motion, indicating that the writ petition shall be disposed off at the stage of admission. Stating that private notice was also permitted, the Judges directed the Registry to post the matter to August 25 for further hearing. Eleven practicing advocates of the High Court, including C Vijayakumar and Anna Mathew, submitted in their quo-warranto writ petition that Mr Kannadasan's appointment was illegal under the Constitution. "As an Additional Judge, Mr Kannadasan passed several unusual and improper orders with complete disregard to statuary mandates and well-settled proposition of Law. Several accused under the Narcotic Drugs and Psychosis Traffic Substances Act (NDBS) were released on bail, while one of the accused was still absconding," the petitioners contended. The petitioners also submitted that Mr Kannadasan had "misused his office as a Judge and used the judicial system for his own benefit through his then juniors." "As per the Constitution and the Supreme Court ruling, a High Court Judge or a retired Judge can only be appointed as the President of a Commission. Mr Kannadasan has worked as an Additional Judge for two years from 2003 to 2005 and the apex court has not made him a permanent Judge," the petitioners added.

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