LAWS(MAD)-2017-10-401

DR. A.E. CHELLIAH SENIOR ADVOCATE (NO. 2 OF 1992 SR.,) NO. 240, ADDITIONAL LAW CHAMBERS HIGH COURT CAMPUS CHENNAI Vs. THE REGISTRAR GENERAL HIGH COURT OF MADRAS CHENNAI

Decided On October 26, 2017
Dr. A.E. Chelliah Senior Advocate (No. 2 Of 1992 Sr.,) No. 240, Additional Law Chambers High Court Campus Chennai Appellant
V/S
The Registrar General High Court Of Madras Chennai Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, as a Public Interest Litigation, seeking to quash the proceedings dated 22.02.2017 of the first respondent herein through the Registrar (Management) of this Court and after quashing the same, seeks for a consequential direction to name the Residential Quarters for Judicial Officers at Saidapet and Egmore Court Complex as "Bharat Ratna Dr. M.G. Ramachandran Residential Complex for Judicial Officers".

(2.) The petitioner herein was appointed as Chairman and Managing Director of Thamizh Naadu Housing Board, a non-official functionary being the Chief Executive for the first time in the Country and such post has been conferred on him by the former Chief Minister of the State of Tamil Nadu Dr. M.G. Ramachandran. It is the case of the petitioner that even during the year 1978, the then Chief Minister of Tamil Nadu Dr. M.G. Ramachandran had expressed his desire to accommodate the various Judges/Magistrates functioning within the City of Chennai by putting up adequate residential quarters for them. In that direction, as the petitioner was the Chairman and Managing Director of Tamil Nadu Housing Board during the relevant period, he had taken all efforts to ensure that the residential quarters are constructed swiftly. In order to fortify this submission, the petitioner placed reliance on the letter dated 17.07.1973 sent by the then Chief Minister of Tamil Nadu Dr. M.G. Ramachandran to the petitioner. The petitioner, in order to fulfil the avowed object of the then Chief Minister of the State has taken various steps and evinced keen interest for construction of Court Buildings in Saidapet and Egmore, Chennai with facilities such as drinking water, lavatory, dining hall for the public and staff. However, after his tenure as Chairman and Managing Director of the Tamil Nadu Housing Board, none has come forward to continue the tasks initiated by him.

(3.) According to the petitioner, the Honourable Supreme Court, way back in the year 1982, delivered the off-quoted decision in All India Judges Association case reported in AIR 1992 SC 165 reiterating the need for construction of residential quarters for subordinate judiciary in every State Capital. However, according to the petitioner, even before the deliverance of the said Judgment by the Honourable Supreme Court, the then Chief Minister of Tamil Nadu has sown the seeds for construction of modern buildings to accommodate the Judicial Officers in the City of Chennai. While so, in the year 1993, as a measure of implementing the decision of the Honourable Supreme Court, the then Chief Minister of Tamil Nadu Dr. J. Jayalalitha sanctioned a sum of Rs. 7.33 crores for putting up construction of buildings at Saidapet and Egmore, Chennai to accommodate the District Munsif/Magistrates functioning in the City of Chennai. According to the petitioner, it was the then Chief Minister Dr. M.G. Ramachandran, who had sown the seeds in the year 1978, but for which, the present Judicial Officers quarters at Egmore and Saidapet would not have become a reality and it's very existence would have been doubtful.