Judge directs Registry to destroy his order dictated and kept in a sealed cover before pronouncement

A judge of the Madras High Court has directed its Registry to destroy an unpronounced order that he had prepared and kept in a sealed cover. The direction was issued because of multiple proceedings related to the case having taken place, before a Division Bench of the High Court as well as the Supreme Court, without waiting for him to pronounce the order.

Justice K. Kumaresh Babu said, no useful purpose would be served in pronouncing the order now because of the multiplicity of proceedings that had taken place after he had reserved orders on an application filed by Madras Race Club (MRC) to restrain Tamil Nadu government from interfering with the sprawling race course land at Guindy in Chennai.

The judge pointed out he had reserved orders on the application on August 18, 2025 and dictated the order to his personal secretary on October 6. However, on October 14, the State government belatedly filed an appeal before the Division Bench challenging his July 4 order through which the government as well as MRC were directed to maintain status quo until further orders.

Stating he came to know about the appeal only through social media posts, the judge said, he would have pronounced the orders immediately if the government counsel concerned had informed him of the urgency involved in the case in view of the impending monsoon and the need to strengthen the ponds that had been dug in the property.

However, the government chose to go on appeal challenging his previous order and the Division Bench too entertained the appeal by modifying the order of status quo and permitting the government to strengthen the ponds through an interim order. Thereafter, passing orders on a further appeal preferred by MRC, the Supreme Court permitted the government to establish an eco park too on the Guindy property.

Disposing of MRC’s special leave petition on October 30, the Supreme Court also asked the Division Bench of the High Court to dispose of the matter at the earliest. After the Supreme Court orders, the State government urged the Division Bench to stay all further proceedings in MRC’s application pending before the single judge and the Bench granted the stay on November 5.

“In view of the above circumstances, this court departs with the application and the Registry is directed to destroy the order which is prepared and kept in the sealed cover,” the judge wrote.

Though advocate Vaibhav R. Venkatesh, representing MRC, requested the judge to not depart with the case until his client could approach the Supreme Court and obtain a clarification that it wanted the single judge and not the Division Bench to dispose of the matter first, the judge said, he was not inclined to accept the request.