IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 28.09.2005 Coram: The Honourable Mr. MARKANDEY KATJU, The Chief Justice and The Honourable Mr. Justice A. KULASEKARAN W.A. No.1401 of 2004 and W.A.M.P. Nos.2584/04 & 495/05 1. The Director General, Coast Guard, Coast Guard Headquarters, National Stadium Complex, New Delhi. 2. Union of India, Reptd. By the Secretary, Ministry of Defence, New Delhi. ... Appellants vs. Md.Abbas Mohideen Asst. Commdt. (4063-J) Pollution Response Team (East), C/o.Coast Guard Regional Headquarters (East), Near Napier Bridge, Chennai. ... Respondent Appeal under Cl.15 of the Letters Patent against the order date 18.08.2003 made in W.P. No.14388 of 2003. For Appellants :: Mr.V.T.Gopalan, Addl. Solicitor General, for Mr.R.Santhanam, Sr.C.G.S.C. For Respondent :: Mr.G.Rajagopalan, Sr. Counsel for Mr.S.Chandrasekaran. JUDGMENT (Delivered by the Honourable The Chief Justice) This Writ Appeal has been filed against the impugned orde of the learned single Judge dated 18.08.2003 made in W.P. No.1438 of 2003. https://hcservices.ecourts.gov.in/hcservices/ 2. Heard the counsel for the parties and perused th records. 3. This case discloses a gross abuse of process of th court. The respondent herein/writ petitioner had earlier filed writ petition in Orissa High Court, being O.J.C. No.12775 of 1999 for the same relief which he has claimed in the Writ Petition out o which the present Writ Appeal arises. Before the Orissa High Court the respondent herein had challenged the re-convening of the Coas Guard Court, but that Writ Petition was dismissed by the Divisio Bench of the Orissa High Court on 05.03.2003. 4. Surprisingly, Writ Petition No.14388 of 2003 was file in this Court by the same petitioner and for the very same relief a claimed before the Orissa High Court, and yet, surprisingly, tha Writ Petition was entertained in violation of the well settle principle of res judicata which applies to writ jurisdiction. 5. In our opinion, the learned single Judge should hav dismissed the Writ Petition filed in this Court with a singl sentence that it is barred by res judicata and also observing tha it is hence not maintainable in this Court. Instead, surprisingly the learned single Judge not only entertained the petition but wen on to make long observations including the observation in paragrap No.8 of the impugned order, which reads as follows:- " 8. In the circumstances, while directing the petitioner to raise or re-state the plea of jurisdiction or other objections as to the preliminary issue, the respondents are directed to hear the preliminary objections or the issue as to the plea of jurisdiction in terms of Rule 63 of the Discipline Rules and pass orders. After passing such an order as to the jurisdiction, in case the Coast Guard Court disagrees or overrules the jurisdictional issue or preliminary objections that may be raised under Rule 63, before proceeding with the merits of the charges or imputations, the petitioner shall be granted at least four weeks' time to work out his remedy, if any, under the Act or as may be open to him in law. However, it is made clear that this Court has not decided any of the contentions advanced by the learned counsel for the petitioner on merits and it is for the Coast Guard Court to examine the plea of jurisdiction or limitation, as the case may be, on merits and in accordance with law." https://hcservices.ecourts.gov.in/hcservices/ 6. In our opinion, the learned single Judge was not justifie in making any observation, since the matter was barred by th principle of res judicata. Hence, we set aside the impugned orde of the learned single Judge by allowing this Writ Appeal. Connecte Miscellaneous Petitions are closed. The Writ Petition is dismisse as it is not maintainable in view of the bar of res judicata Since the writ petitioner/respondent has abused the process o court, we impose costs of Rs.10,000/- (Rupees ten thousand only) which he shall pay to the appellants within two months from today failing which it will be recovered from him as arrears of lan revenue. JI. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Director General, Coast Guard, Coast Guard Headquarters, National Stadium Complex, New Delhi. 2. The Secretary, to the Union of India, Ministry of Defence, Sarth Block, New Delhi. +1cc to Mr.R.Santhanam,Advocate,(SR.40641) +1cc to Mr.S.Chandrasekaran,Advocate,(SR.40797) MM(co) rvr/5.10. W.A. No.1401 of 2004 https://hcservices.ecourts.gov.in/hcservices/