CHENNAI: The Tamil Nadu government and Vedanta Limited, in a joint representation to the Madras High Court Registry, have sought reconsideration of an administrative order, issued by former Chief Justice VK Tahilramani, altering a special bench hearing Vedanta’s pleas against the closure of its Sterlite copper plant in Thoothukudi.
The parties, which addressed the HC Registrar (Judicial) on September 20, claimed that though a joint request was made on September 3 for posting the pleas before the original special bench comprising Justice TS Sivagnanam and Justice Bhavani Subbaroyan, an administrative order was issued, dated September 5, transferring the cases to a bench comprising Justice Sivagnanam and Justice R Tharani in the Madurai Bench.
“We understand that the direction was issued on the understanding that only preliminary arguments on the issue of constructive res judicata have been addressed and the petitions have not been heard on merits,” the letter said.
The parties said that since June 27, arguments and submissions on merit were made at length by all parties on 28 hearing dates spread over two calendar months, which include submissions made by senior counsels from outside Chennai and the matter is currently at the rejoinder submission stage by the petitioner.
Furthermore, the parties have also filed and relied extensively on several volumes of documents before the original bench, during arguments. The petitioner has filed 13 volumes, the state 10 volumes, and impleaded respondents together 35 volumes, they added.
At this juncture, the listing of the matter before the new bench, as per the September 5 order, would entail arguing of the writ petitions afresh and so, “we request reconsideration of the order and re-posting of the matter before the original bench,” the representation said. However, the Registry is yet to decide on the request.