REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Vs. PRINCIPAL SECRETARY, GOVERNMENT OF TAMIL NADU & OTHERS

JUDGEMENT

(1.) With the delegated power of the Hon'ble Chief Justice of the High Court of Madras, the matter is disposed of by the Division Bench (Madurai) of the Madras High Court, on the suo motu action taken by this Bench, based on the news item published in various news papers on 22.02.2015 and the intimation received from the Judicial Officer, placed before the Bench by the Registrar (Administration, Madurai Bench. Considering the sensitive nature of attack on the District Judge, Fast Track Court, Mahila Court, Ramanathapuram, at his residence and also the intimation received from the learned Sessions Judge, Fast Track Court, Mahila Court, Ramanathapuram, the suo motu action was initiated.

(2.) It is well settled that suo motu action could be taken by way of writ in a Public Interest Litigation only by the Hon'ble Chief Justice of the High Court or on the direction or delegation of power given by the Hon'ble the Chief Justice. This Bench has dealt with the present case and pass the final order on the delegation of power given by the Hon'ble Chief Justice of the High Court of Madras.

(3.) In this regard, the decision of the Three Judge Bench of the Hon'ble Supreme Court in State of Rajasthan v. Prakash Chand, 1998 AIR(SC) 1344 is relied on, wherein the Hon'ble Supreme Court has held that the administrative control of the High Court vests in the Chief Justice of the High Court alone and that it is his prerogative to distribute business of the High Court, both judicial and administrative. He alone has the right and power to decide how the Benches of the High Court are to be constituted; which Judge is to sit alone and which cases he can and is required to hear as also as to which Judges shall constitute a Division Bench and what work those Benches shall do. In other words the Judges of the High Court can sit alone or in Division Benches and do such work only as may be allotted to them by an order of or in accordance with the directions of the Hon'ble Chief Justice.