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K.CHANDRU, J.

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 practicing Advocate of the Madurai Bench allegedly in public interest. Initially, the prayer made in the writ petition is for a direction to the Registrar (Judicial) of the Madurai Bench to number and list the writ petitions falling within the territorial jurisdiction of the Principal Bench at Madras at Madurai Bench also as the writ petitions falling within the Madurai Bench jurisdiction are being numbered and listed by the Registrar General of the Madras High Court before the Principal seat at Madras by considering the representation, dated 18.04.2011 and pass further orders.

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 practicing 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 the Madurai Bench also as petitions which ought to have been filed and adjudicated at the Madurai Bench are being done at Madras, which is nothing but an equitable justice.

(b)all the cases arising in the Revenue Districts of Trichirapalli, Karur, Thanjavur, Pudukkottai, Madurai, Dindigul, Sivagangai, Ramanathapuram, Virudhunagar, Tirunelveli, Thoothukudi, Kanniyakumari and Theni (Judicial Districts of Trichirapalli, Karur, Thanjavur, Pudukkottai, Madurai, Dindigul, Sivagangai, Ramanathapuram, Virudhunagar, Tirunelveli, Thoothukudi and Kanniyakumari) at the Madurai Bench of Madras High Court at Madurai, with immediate effect.

Hence, from 11.10.2004 onwards, no filing of any cases arising out of the above revenue/judicial districts within the jurisdiction of the Madurai Bench of Madras High Court, shall be entertained by the Registry of the Principal Seat of Madras High Court at Chennai. Even unnumbered cases arising out of the jurisdiction of Madurai Bench shall be returned to be presented before the Madurai Bench of Madras High Court at Madurai.

Pending disposal of the writ petitions challenging the Madras High Court (Establishment of a Permanent Bench at Madurai) Order, 2004, only civil and criminal cases, which were pending as on 24.7.2004, were transferred to Madurai Bench and not other types of cases like pending writ petitions, writ appeals, company cases etc. and only fresh writ petitions from 24.7.2004 arising out of the jurisdiction of Madurai Bench of Madras High Court, which were filed, were being entertained by the Madurai Bench. In view of the order of the Honourable the Chief Justice cited in the reference, all pending cases of any nature, arising out of the above revenue / judicial districts within the jurisdiction of Madurai Bench of Madras High Court, be immediately transferred to be heard at Madurai Bench of Madras High Court at Madurai."