B STALIN Vs. REGISTRAR SUPREME COURT OF INDIA

JUDGEMENT

(1.) This Special Bench was constituted by the Hon'ble Chief Justice vide order dated 14.10.2011 to hear the writ petition in W.P.(MD)No.5709 of 2011. The Bench came to be constituted on a reference being made by the Division Bench vide order dated 26.09.2011.

(2.) The writ petition was filed by the petitioner, a practising Advocate of the Madurai

(3.) In the representation, dated 18.04.2011 addressed to the Hon'ble Chief Justice of India, Registrar General of the Madras High Court and the Registrar (Judicial), Madurai Bench of the Madras High Court, it was stated by the petitioner that the Madurai Bench was started functioning from 24.7.2004 facing grave opposition mostly from the practising Advocates at the Principal seat. After great struggle by the Advocates of the Southern Districts, the Madurai Bench became a reality. Once the Madurai Bench became a reality, few districts which were originally designated to the Madurai Bench were taken away by undue influence attached to the Principal seat. To add to this, petitions under Article 226 of the Constitution were being filed at the Principal seat even though there is no territorial jurisdiction for the same. This is being done with the knowledge of both the Bench and the Bar at the Principal Bench at Madras. Even though there is no legal sanctity for filing writ petitions falling within the territorial jurisdiction of the Madurai Bench, it is being filed by adding one more respondent from the Madras or New Delhi. There was an office note issued by the then Chief Justice of the Madras High Court that no petitions could be filed in Madras which fell within the jurisdiction of the Madurai Bench. Repeated representations to the successive Chief Justices including the present incumbent by the Advocates Association at Madurai did not yield a desired result. Nowhere in the entire subcontinent, the jurisdiction of the Benches are transgressed by the Principal seat and that Madras being an exception. Therefore, he had requested the Hon'ble the Chief Justice of India to direct filing of petitions under Article 226 falling within the jurisdiction of the Madras High Court, i.e., Principal Bench, at