HC approached for posting Sterlite cases before original special bench

The Tamil Nadu government, the Vedanta group and other parties in cases related to the Sterlite copper smelter plant before the Madras HC have made a representation against altering of a special bench hearing pleas against the closure of the unit, claiming it affected day-to-day hearing.

In their joint representation to the Registrar (Judicial) of the high court on September 20, they said the September 5 administrative order of then Chief Justice V K Tahilramani, transferring the cases to a bench in Madurai would entail arguing the petitions afresh when it was in the final stage.

They requested that the cases be posted before the original special bench comprising Justice T S Sivagnanam and Justice Bhavani Subbaroyan which had been hearing the matter at the principal seat.

"We understand that the direction has been issued on the understanding that only preliminary arguments on the issue of constructive res judicata (already judged) have been addressed and the petitions have not been heard on merits. The factual position is, however, otherwise," the representation said.

The parties said since June 27, arguments and submissions on merit were addressed and argued at length by all parties to the cases for 28 hearing dates spread over two calendar months, which include submissions made by senior counsels from outside Chennai.

Being aware that according to the practice followed by the court, a new roster would be in place and Justice Sivagnanam was to take charge at the Madurai bench, a joint request was made on September 3 for the matter to be placed before the original bench itself.

The request was made as the final hearing of the petitions were at an advanced stage and the parties would require only a few additional days to conclude their submissions, it said.

However, court sources said, the registry is yet to take a decision on the latest request.