Petition of advocate for directive to HC dismissed

The advocate, B Stalin, practicing at Madurai Bench, also sought a consequent direction to transfer all pending petitions and appeals filed at the Principal seat on or after July 24, 2004, to Madurai Bench,the date it started functioning.

The Madurai Bench,comprising Justices K N Basha, K Chandru and M Venugaopal in their order, delivered here, pointed out that the Chief Justice was Master of Rolls and the jurisdiction of each High Court was well defined by a Presidential Order and a catena of judgments of the Supreme Court and the High Court.

These defined the scope of the Order and the High Court's territorial jurisdiction under Article 226 of the Constitution, territorial divisions between two High Court benches in the same state at different places and also the cause of action, the bench said.

 

Hence, the direction sought for by the petitioner could not be countenanced by the court, the Bench said and cited the July 6, 2004, PO constituting the Madurai Bench which started functioning from July 24 that year.

The Judges said the PO had made it clear that the Chief Justice of the High Court may, in his discretion, order that any case or class of cases arising in any district under the Madurai Bench jurisdiction be heard at Chennai. MORE