Madras High Court Annual Report 2011

Transcription

Madras High Court
Report
2011-2014
Madras High Court
Report 2011 - 2014
PROFILE OF SIR THIRUVARUR MUTHUSWAMY IYER - K.C.I.E.
Sir Thiruvarur Muthuswamy Iyer
was born on January 28, 1832, at
Uchuvadi in Tanjore District. His
father Venkatanarayana Sastry lost
his eyesight, when Muthuswamy was
eight years old. So, his childhood was
a grim struggle with poverty. He was
an apprentice under a village karnam
on a princely salary of a rupee per
month. Tahsildar Muthusami Nayak
was largely responsible for giving
him English education. Endowed by
nature with intelligence of a high order,
he applied himself unsparingly to his
studies and attained high academic
distinctions and he worked his way
up until he reached the highest
judicial post open to an Indian. He
was appointed, as a District Munsiff,
and thereafter as a Deputy Collector.
Justice Holloway, who had gifted him a
copy of An Epitome of Alison’s History
of Europe, as a token of the high esteem and regard he had for him, had to suggest three
names in 1865 for an appointment as Principal Sudder Amin(Sub Judge), South Canara
at Mangalore and he wrote the name of Muthuswamy Iyer thrice to mark and emphasis
the exclusiveness of his choice. Muthuswamy Iyer studied for his B.L. examination when
he was police Magistrate at Egmore, and passed in the first class. In April 1870, he was
appointed the Third Judge, Court of Small Causes, Madras. In July 1878, when he was
barely 46, he was appointed as Acting Judge, High Court of Madras. He was the first
Indian to be elevated to that high office, to which, there was opposition from a section of
Europeans stating that it was an innovation to appoint an Indian to the highest Court in the
land, and that the experiment was bound to bring down its prestige. But, the success of
Muthuswamy Iyer as a Judge was so phenomenal that the place of Indians on the Bench
became assured for all times. He was confirmed in 1883, and he held that office till his death
which occurred on the 25th of January, 1895. His marble statue, erected at the instance of
the Chief Justice Sir Arthur Collins adorns the High Court buildings occupying a commanding
position within the buildings. The centenary of his birth was celebrated in February, 1932 with
considerable enthusiasm by the members of the Bar at Madras, under the presidency of
C.V.Kumaraswami Sastri.
Sama Neeti Kanda Cholan
Editorial Board
Justice S.Nagamuthu
Justice P.N.Prakash
Justice Pushpa Sathyanarayana
Acknowledgement
This beautiful report, in its present form, with its classic compilation would
not have been in our hands, without the able assistance rendered by the dedicated
team of officers and staff of this Registry to this Editorial Board, with enormous
support from all quarters of this Registry.
We do not mince words in placing on record, our deep appreciation and
patting for the flawless work done by the said team of officers and staff of this
Registry.
When it comes to any follies anywhere in this report, we have no hesitation
to claim and take the responsibility of the same onto us.
Editorial Board
Editorial Board:
Justice S.Nagamuthu
Justice P.N.Prakash
Justice Pushpa Sathyanarayana
Team of Officers and Staff Members who assisted the Editorial Board
Mr. P. Kalaiyarasan, Registrar General
Mr. V.Nallasenapathy, Official Assignee
Mrs. C.B.Meena, Deputy Registrar (Appellate Side)
Mr. S.Vijayakumaar, Assistant Registrar (Admin), Madurai Bench
Mr. T.N. Dhanunjaya Rao, Assistant Registrar (Admin.II)
Mr. C.Muralidharan, Court Manager - I
Mr. J.Prabhu, Court Manager - II
Mr. H.Narayanan, Section Officer
Mr. M.Vetrivel, Technical Assistant
Mr. K.Gopinath, Assistant Section Officer
Mr. S.Rajendran, Assistant
Designed at
Sign Ghuru
Old No. 123/1, New No. 137,
T.T.K. Road, Alwarpet, Chennai - 600 018
E-Mail : [email protected]
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Gnanodaya Press
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E-Mail : [email protected]
Published by
High Court of Madras.
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No part of this publication be reproduced, transmitted or copied in any form,
mechanical, electronic or otherwise, without the prior permission of the Madras High Court.
Index ...
Part A
From The Desk of The Chief Justice
5
Profile Of The Hon’ble Judges As On 31.12.2014
11
Advocates General Of Tamil Nadu During 2011 - 2014
31
Living Legends Of The Bar
32
Full Benches Constituted During 2011-2014
33
Stare Decisis - March Of Law
35
Part B
From the Desk of the Registrar General
68
Registry
69
Working Strength Of District Judiciary In The State Of Tamil Nadu
71
Jurisdiction
76
Statistics
77
Constitution Of Courts
79
Infrastructure Development
85
Budget
90
The Xiii Finance Commission
91
Part C
Tamil Nadu State Legal Services Authority
102
Union Territory Of Puducherry Legal Services Authority (State Authority)
119
Tamil Nadu Mediation And Conciliation Centre
128
Tamil Nadu State Judicial Academy, Chennai
134
Part D
Innovative Reforms – Marching Towards Excellence
150
Implementation Of E-Courts Project
158
Process Re-Engineering:
159
Model Courts
164
Photo Gallery
168
Looks Young Though 150 Years Old
Madras High Court
R e p ort 2011-2014
Part A
3
Madras High Court
Re p o rt 2011- 2 0 1 4
The Chief Justice of India
Hon’ble Mr. Justice H.L. Dattu
Madras High Court
4
of
R e p ort 2011-2014
From the Desk
The Chief Justice
T
he sesqui-centennial institution that
like progress
is the Madras High Court is one of the
charts,
earliest established High Courts of Judicature
giving
in the country under the Queen’s Charter,
glimpse
alongside the Bombay and Calcutta High
of
Courts. What could be more pleasurable,
we have managed to achieve and also
yet humbling and onerous at the same time
throws light on the future vision towards
than to be at the helm of affairs of this
which we have set sail. With this unenviable
historic Temple of Justice! It is even more
objective in mind, the Editorial Committee,
delightful to present the Madras High Court
comprising of my Brother and Sister Judges,
Report for the period 2011–2014.
have set out on a journey to recollect and
The
greatness
of
any
institution
is
reflected by its glorious past, as much as
the novel initiatives it brings to the fore in
its day-to-day functioning that keep the flag
of institution flying high. In this era of short
a
what
record the past achievements of one of the
most illustrious institutions in the annals
of Indian Judiciary in the recent past and
also to lay bare the future vision, which is at
various stages of implementation.
shelf life, one cannot remain content with
The first and foremost task of any
the past laurels, but move forward eying
judicial institution, more so of a High
larger objectives, and an institution which
Court of repute like ours, is dispensation of
rises upto this challenge is bound to excel
justice. With a battery of eminent jurists
and enhance its reputation.
The Madras
and doyens in the legal profession having
High Court, with the rich history behind it,
adorned this institution in the past – this
has been striving hard towards balancing
Court has the distinction of contributing a
tradition and at the same time, not losing out
number of Judges to the highest court of
in the race to keep abreast with modernity.
the land – the onus is increasingly more
It is true that great deeds indeed remain
etched in the eons of history. I personally feel
that histories of great institutions should be
preserved in record form for the posterity
to cherish and reflect. Periodic reports are
5
on the present generation to maintain the
high standards that have been set by our
illustrious predecessors. I am glad that the
Madras High Court has been earnest in its
quest to maintain such high standards.
Madras High Court
Re p o rt 2011- 2 0 1 4
As far as the statistics are concerned,
cases, and incentives in the form of credit
there has been a steady trend in disposal
points are also awarded to judicial officers
of cases by our High Court. While the total
for disposal of such old cases.
number of cases disposed of at the Principal
Seat and the Madurai Bench combined
was 2,40,767 in the year 2011; it was
2,46,200 in the year 2012; and in the year
2013, it was 2,31,817; while the figure
was 2,35,087 in the year 2014.
It was
found that the earlier practice of including
Interlocutory
Applications
(labelled
Miscellaneous Petitions) for arriving at the
disposal/pendency figure did not reflect the
actual numbers. Hence, commencing July
2014, it was decided to take into account
only the main cases, as is the practice in
other Courts, for the purpose of arriving
at the disposal/pendency statistics, and
so calculated, the pendency of cases upto
December 2014, excluding M.P.s, stood at
1,79,287.
It is heartening to know that
despite the dwindling strength of Judges,
the statistics reflect a steady progress in
the disposal rate. Not just quantitatively,
there has been a better output even in terms
of quality, with wide ranging issues having
been given a quietus.
In its endeavour to make access to justice
a reality, our High Court has stepped up the
accelerator to fast-track disposal of cases
relating to the most vulnerable sections of
the society like women, children, elderly and
differently-abled, as also targeting cases of
specific branches/enactments. Long pending
old cases are receiving urgent attention like
never before, what with the High Court as
well as the Subordinate Courts dedicating
one full day exclusively for disposing of old
Madras High Court
Ours is one of the few High Courts which
has been successfully able to blend itself with
today’s technological advancements vis-àvis computerization of the entire judicial
setup,
yet
maintaining
our
traditional
background. The Home Page of the Madras
High Court Website has been completely
revamped, making it more user-friendly.
The Citizen’s Charter, which gives a bird’s
eye view of the High Court Campus and the
Case Status Bar, which updates the details
of cases as they are heard/disposed of in
each Court Hall enabling litigants/lawyers
to keep a track of their case, are recent
additions. There is instant uploading of all
Daily Orders/Judgments on the High Court
website for perusal/download of the general
public, which facility was until recently
restricted only to important judgments.
The High Court is also offering SMS service
facility, passing on vital information to
advocates regarding their cases.
A new Case Information System has
been put in place, consisting of Flat Panel
TVs put up at various spots within the High
Court Campus. User-friendly Touch Screen
Information Kiosks have been installed at
vantage locations inside the High Court
compound,
providing
vital
information
to the litigant/general public. To go with
it, Digital Signage Boards are erected at
prominent points, guiding litigant public
and first time visitors to the Court with
appropriate directions.
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The concept of Paperless Courts is being
explored.
Biometric Security System has
a congenial working atmosphere to all
concerned.
Pursuant thereto, five new
been introduced for regulating the entry and
buildings have recently been inaugurated
exit of the members of the Registry, besides
for various purposes like the High Court
the Web Payroll System and Personnel
Auditorium,
Information System.
Officers’ Chambers, Advocates’ Canteen
Efforts are on, in
conjunction with the State Government, for
complete digitization of case records. The
traditional rack system used for filing/
storing records is being done away with,
being replaced by Compactors.
High
Court
Museum,
Law
and Police Control Room.
Pursuant to the renovation and restoration
of the heritage sites in the court premises,
Heritage Tours are being organized in
the High Court premises, which have
The State Subordinate Judiciary, which
received tremendous response from visitors
is a vital cog in the wheels of judicial
interested in the historic and architectural
administration, can also boast of full
excellence of this magnificent edifice.
computerization.
A
complete
digital
database of cases pending and disposed
of across the State is being maintained
centrally. All Courts/Judicial Officers have
been provided with Computers/Laptops with
high speed Broadband Connections and the
requisite legal software catering to their
needs.
All the Subordinate Courts in the
State are well connected with the High Court
through the upgraded Video Conferencing
Facility.
indicative of the fact that the High Court
adept
at
assimilating
technological
advancements in its fold and also indicative
that it is alive to the needs of the general
public, and it goes to show that the e-Court
Project is being implemented in the State
of Tamil Nadu and the Union Territory of
Puducherry in its full vigour.
Special emphasis is also laid in extending
the requisite infrastructure and bettering
the existing infrastructure so as to provide
7
revamped
Comprehensive
Security
System has been put in place, providing
round-the-clock security cover for the High
Court premises, regulating the parking of
vehicles within the High Court premises
and controlling traffic in and out of the
High Court.
It is planned to install CCTV
Cameras at prominent locations like Court
Halls, Record Rooms, various Sections of the
Registry and also the corridors of the High
Court.
These features are recent additions,
is
A
The Madras High Court Mediation &
Conciliation Centre, which is now a decade
old, is taking giant strides and has become
a pioneer of sorts for other High Courts to
emulate. The Madras High Court Arbitration
Centre is coming up, on the lines of the
Delhi and Chandigarh model, for exploring
the hitherto unchartered territory of courtannexed arbitration.
As regards Legal Aid Movement, the
Tamil Nadu State Legal Services Authority
has
been
spearheading
the
pendency
Madras High Court
Re p o rt 2011- 2 0 1 4
reduction campaign by adopting innovative
Subordinate level by conducting selection
methodologies like conducting Continuous
of Civil Judges, and all vacancies in Tamil
Lok Adalats within the High Court premises
Nadu and Union Territory of Puducherry are
on all working days, presided over by
being filled up. The vacancies at the High
retired Judges of the High Court, apart
Court are also expected to be filled up soon,
from holding Mega Lok Adalats from time to
and once the strength reaches its full tilt, it
time in order to reduce pendency at various
is expected that the various measures taken
levels.
The disposal figures, which speak
by the High Court would gain an upwards
for themselves, have been outstanding, with
momentum and this, in turn, would achieve
regard to the number of cases disposed, as
the avowed objective of dispensing justice in
also the quantum of compensation awarded.
a speedy and effective manner.
This has paved the way for a remarkable
distinction of our High Court maintaining
first position in two consecutive National
Mega Lok Adalats.
With the advent of
Multi Utility Vans for Propaganda of Legal
Literacy Programmes, justice is literally
being delivered at the doorsteps of litigant
public.
I must say that all the above is only a
fruition of the joint effort of my Brother/
Sister
Judges,
Members
of
various
Committees, Members of the Bar and
Members of the Registry, and it is expected
that the same amount of co-operation
would be forthcoming from all of them in
future years to come, for upholding the
In the matter of imparting legal education
majesty of this wonderful Temple of Justice
and training, the Tamil Nadu State Judicial
and subserving the common cause of
Academy, under the aegis of the National
administration of justice.
Judicial Academy, is contributing in its
own unique way by conducting training
programmes and refresher courses on
various facets of law, not just to judicial
officers, but also for advocates and legal
I express my appreciation and sincere
gratitude to the Members of the Editorial
Committee for putting up the compilation in
the form of this Annual Report.
personnel from the subordinate judiciary as
well as other fields.
The area of concern, however, remains
the vacancy position, both at the High
Court level and at the Subordinate Court
(Justice Sanjay Kishan Kaul)
level. By taking measures on a war footing
in consultation with the Tamil Nadu Public
Service Commission, the High Court expedited
the process of filling up of vacancies at the
Madras High Court
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R e p ort 2011-2014
The Chief Justice of High Court of Madras
Hon’ble Mr. Justice Sanjay Kishan Kaul
9
Madras High Court
Re p o rt 2011- 2 0 1 4
Hon’ble Mr. Justice Sanjay Kishan Kaul, born on December 26, 1958. Studied in
Modern School, New Delhi till 1976 and Graduated in Economics (Hons.) from St.
Stephens College, Delhi University in 1979. Obtained LL.B. Degree from Campus
Law Centre, Delhi University in 1982. Enrolled as an Advocate with Bar Council of
Delhi on July 15, 1982. Practised in Delhi High Court mainly in Commercial, Civil,
Writ, Original and Companies jurisdictions of the High Court of Delhi and the Supreme
Court of India. The cases also involved appearances before MRTP Commission,
Company Law Board, Debt Recovery Tribunal and Arbitrators apart from the other
nature of litigation including Constitutional, Banking, Finance and Insurance, Customs
and Excise, MRTP, Real Estate, Administrative, Co-operative, Commercial, Service,
Telecommunication, Anti- Dumping Laws, etc. Remained Advocate-on-Record of the
Supreme Court of India from 1987 to 1999 and designated as Senior Advocate in
December, 1999. Appointed Senior Counsel for the Delhi High Court and for the Delhi
University, Senior Panel of Union of India and Additional Senior Standing Counsel for
DDA. Elevated as Additional Judge of the High Court of Delhi on May 03, 2001 and
was appointed as a permanent Judge on May 02, 2003. His Lordship has been invited
to a number of national and international seminars and workshops as Chairman or
Member of Sessions and presented a number of papers with articles published in
various Journals. His Lordship was elevated as the Acting Chief Justice of Delhi High
Court w.e.f. 23.09.2012 to 25.09.2012 and then elevated as the Chief Justice of Punjab
and Haryana High Court w.e.f. 01.06.2013. His Lordship assumed charge as the Chief
Justice, Madras High Court on 26.07.2014.
Madras High Court
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PROFILE OF THE HON’BLE JUDGES as on 31.12.2014
Hon’ble Mr. Justice Satish Kumar Agnihotri
Born on : 01.07.1956
Elevated as a Judge of Chhattisgarh High Court on 05.05.2005
Assumed office of the Judge High Court of Madras on 26.09.2013
Functioned as Acting Chief Justice of the Madras High Court from
13.02.2014 to 26.07.2014
Hon’ble Mr. Justice M. Jaichandren
Born on : 25.02.1955
Elevated as Judge, High Court of Madras on 10.12.2005
Hon’ble Mr. Justice V. Dhanapalan
Born on : 01.06.1953
Hon’ble Mr. Justice R. Sudhakar
Born on : 14.02.1959
Hon’ble Mr. Justice S. Tamilvanan
Born on : 06.02.1954
11
Madras High Court
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Hon’ble Mr. Justice V.Ramasubramanian
Born on : 30.06.1958
Hon’ble Mr. Justice S. Manikumar
Born on : 24.04.1961
Hon’ble Mr. Justice A. Selvam
Born on : 05.04.1956
Hon’ble Mr. Justice P.R. Shivakumar
Born on : 12.05.1954
Hon’ble Mr. Justice S. Nagamuthu
Born on : 31.05.1955
Hon’ble Mr. Justice S. Palanivelu
Born on : 11.05.1955
Madras High Court
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Hon’ble Mr. Justice K.K.Sasidharan
Born on : 28.10.1957
Hon’ble Mr. Justice M. Venugopal
Born on : 07.05.1957
Hon’ble Mr. Justice R. Subbiah
Born on : 21.06.1959
Hon’ble Mr. Justice M.Sathyanarayanan
Born on : 10.06.1959
Hon’ble Mr. Justice R.S. Ramanathan
Born on : 16.06.1953
Hon’ble Mr. Justice B. Rajendran
Born on : 01.04.1955
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Madras High Court
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Hon’ble Mr. Justice D. Hariparanthaman
Born on : 17.03.1954
Hon’ble Mr. Justice C.T. Selvam
Born on : 09.02.1957
Hon’ble Mr. Justice C.S. Karnan
Born on : 12.06.1955
Hon’ble Mr. Justice N. Kirubakaran
Born on : 21.08.1959
Hon’ble Mr. Justice M.M. Sundresh
Born on : 21.07.1962
Hon’ble Mr. Justice T.S.Sivagnanam
Born on : 16.09.1963
Madras High Court
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Hon’ble Mr. Justice M. Duraiswamy
Born on : 22.09.1960
Hon’ble Mr. Justice T. Raja
Born on : 25.05.1961
Hon’ble Selvi. Justice R. Mala
Born on : 15.03.1955
Hon’ble Mrs. Justice Aruna Jagadeesan
Born on : 26.03.1953
Hon’ble Mr. Justice T. Mathivanan
Born on : 28.05.1955
Hon’ble Selvi. Justice K.B.K.Vasuki
Born on : 09.09.1953
15
Madras High Court
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Hon’ble Mr. Justice K.Ravichandrabaabu
Born on : 14.10.1958
Hon’ble Mr. Justice P.Devadass
Born on : 15.05.1955
Hon’ble Mr. Justice R.Karuppiah
Born on : 07.04.1953
Hon’ble Mrs.Justice S.Vimala
Born on : 11.01.1957
Hon’ble Mr. Justice P.N.Prakash
Born on : 12.01.1961
Hon’ble Mrs.Justice Pushpa Sathyanarayana
Born on : 28.02.1960
Madras High Court
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Hon’ble Mr. Justice K. Kalyanasundaram
Born on : 27.05.1960
Hon’ble Mr. Justice S. Vaidyanathan
Born on : 17.08.1962
Hon’ble Mr. Justice R. Mahadevan
Born on : 10.06.1963
Hon’ble Mr.Justice V.S. Ravi
Born on : 20.05.1954
Hon’ble Mr. Justice G. Chockalingam
Born on : 01.04.1955
Hon’ble Selvi Justice V.M.Velumani
Born on : 06.04.1962
17
Madras High Court
Re p o rt 2011- 2 0 1 4
His Excellency Mr. Surjit Singh Barnala, Governor of Tamil Nadu
Administering Oath of Office to the Hon’ble Mr. Justice M.Yusuf Eqbal
as Chief Justice of High Court of Madras on 11.06.2010
His Excellency Dr. K. Rosaiah, Governor of Tamil Nadu
Administering Oath of Office to the Hon’ble Mr. Justice R. K. Agrawal
as Chief Justice of High Court of Madras on 24.10.2013
Madras High Court
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His Excellency Dr. K. Rosaiah, Governor of Tamil Nadu
Administering Oath of Office to the Hon’ble Mr. Justice Sanjay Kishan Kaul
Assumed Office of the Chief Justice of High Court of Madras on 26.07.2014
19
Madras High Court
Re p o rt 2011- 2 0 1 4
Proud son of this great soil The First Chief Justice of India from Tamil Nadu
Hon’ble Mr. Justice P.Sathasivam was born on
27.04.1949, to Palaniswamy and Natchiammal at
Kadappanallur near Bhavani in Erode District, Tamil
Nadu. His Lordship graduated from Government
Law College, Chennai after completing BA degree
from Ayya Nadar Janaki Ammal College, Sivakasi.
His Lordship enrolled as an advocate on 25th July
1973 at Madras. His Lordship was then appointed
to the post of Additional Government Pleader and
later as the Special Government Pleader in the
Madras High Court. His Lordship was appointed
as a permanent Judge of the Madras High Court
on 8th January 1996 and transferred to the Punjab
Hon’ble Mr. Justice P.Sathasivam
and Haryana High Court on 20th April 2007. His
Former Chief Justice of India
Lordship was elevated to the post of Judge of the
Supreme Court on 21st August 2007. His Lordship
was elevated as the Chief Justice of India on 19th July 2013. During His Lordship’s tenure as
Chief Justice of India, His Lordship was the Chairman of the General Council of the Gujarat
National Law University. His Lordship succeeded Mrs.Sheila Dikshit as the Governor of
Kerala on 05th September 2014.
His Lordship authored several path-breaking judgments including the Reliance Gas
Judgment (May 2010), wherein he emphasised the use of natural resources through public
sector undertakings. His Lordship observed that “in a national democracy like ours, the
national assets belong to the people” and “the Government owns such assets for the
purpose of developing them in the interests of the people”. His Lordship also delivered
the verdict in the controversial triple-murder case of Stains and upheld the conviction of
Dara Singh. On 19th April 2010, His Lordship delivered the judgement in the Jessica Lal
murder case of 29th April 1999. Along with Justice B.S.Chauhan, His Lordship delivered the
judgement in the 1993 Mumbai blasts case, sentencing Bollywood actor Sanjay Dutt to five
years imprisonment under the Arms Act. Dutt was asked to serve out the remainder of his
sentence.
Madras High Court
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R e p ort 2011-2014
Strength of Judges, High Court of Madras
Sanctioned
Strength of
J u d g e s
21
60
Madras High Court
Re p o rt 2011- 2 0 1 4
Permanent Judges - 45
Additional Judges - 15
Strength of
Judges as on
31.12.2014
Madras High Court
43
22
R e p ort 2011-2014
Hon’ble Mr. Justice F.M.Ibrahim Kalifulla was born on
23rd July 1951, in Karaikudi, Sivagangai District, Tamil
Nadu, His Lordship enrolled as an advocate on 20th
August 1975, after which His Lordship began practicing
labour law in the law firm of T.S. Gopalan & Co. On 2nd
March 2000, His Lordship was appointed as a Judge of
the Madras High Court. In February 2011, His Lordship
became a member of the High Court of Jammu and
Kashmir and was appointed to serve as the Acting Chief
Justice two months later. In September 2011, His Lordship
was named as the Chief Justice of High Court of Jammu
and Kashmir. His Lordship was appointed as a Judge of
The Supreme Court of India and sworn in 2nd April 2012.
Hon’ble Mr. Justice C. Nagappan, hails from Karur, Tamil Nadu. His Lordship was born
on 4th October 1951 and had His Lordship school education at Karur. His Lordship did
his Pre-University Course in St.Joseph’s College, Trichy and completed B.Sc. Degree in
Chemistry at Madura College, Madurai. His Lordship studied Law Course in Madras Law
College and secured Third Rank in the Final University Examination in April, 1974. His
Lordship did M.L. Course in Criminal Law and secured First Rank in 1977. His Lordship
practiced as Junior Advocate under K. Parasaran, Former Attorney General of India. His
Lordship was a Part-Time Professor in Madras Law College for 7 years. His Lordship
was directly recruited as District and Sessions Judge
in 1987 and worked as District and Sessions Judge at
Cuddalore, Salem and Coimbatore. Thereafter, worked
as the Special Officer, Vigilance Cell, Madras High Court.
His Lordship was elevated as a Judge of The Madras High
Court on 27.9.2000 and appointed as a permanent Judge
on 20.09.2002. His Lordship was then further elevated as
the Chief Justice of the Orissa High Court and sworn in
on 27.02 2013. His Lordship was appointed as a Judge of
The Supreme Court of India and sworn in on 19.09.2013.
23
Hon’ble Mr. Justice C.Nagappan
Hon’ble Mr. Justice F.M.Ibrahim Kalifulla
SITTING JUDGES OF SUPREME COURT OF INDIA
FROM THE HIGH COURT OF MADRAS
Madras High Court
Hon’ble Mr. Justice M.Y.Eqbal was born on 13th
February 1951 and completed B.Sc. Examination from
Ranchi University in the year 1970 and obtained LL.B.
Degree in 1974 with Distinction (Gold Medalist). His
Lordship enrolled as an Advocate in 1975 and initially
practised exclusively in civil side in civil courts, Ranchi.
Shifted practice to Ranchi Bench of the Patna High Court
in 1986 and became Government Pleader in the Ranchi
Bench of Patna High Court in 1990. In 1993 His Lordship
became Government Advocate in the High Court. In these
periods practised in civil, criminal, Constitutional and
tax matter. Also worked as retained Counsel and Legal
Adviser of almost all the Banks, Insurance Companies, Electricity Board, Housing Board,
University and other Government and semi Government Undertakings. Appointed as
permanent Judge of the Patna High Court on 9th May 1996. By Notification dated 14th
November 2000 became the Judge of the Jharkhand High Court. His Lordship was the
Chief Justice of the Madras High Court from 11th June 2010 to 21st December 2012 and
elevated as Judge of Supreme Court of India on 24th December 2012.
Hon’ble Mr. Justice Rajesh Kumar Agrawal hails from Uttar Pradesh. His Lordship
was born on 05th May, 1953. His Lordship did his graduation in Law from Allahabad
University. His Lordship enrolled as Advocate on 14.08.1976. Joined the chamber of his
father Sri Raja Ram Agrawal, Senior Advocate and former Advocate General of Uttar
Pradesh on Civil side and dealt with Constitutional, Company, Service, Educational and
Taxation matters. Worked as Standing Counsel of the
Income Tax Department of the Government of India.
Served a number of corporations and institutions as their
Standing Counsel. His Lordship was Joint Editor of U.P.
Tax Cases. His Lordship was elevated as permanent
Judge of the Allahabad High Court on 05.02.1999. His
Lordship assumed office as Acting Chief Justice, High
Court of Madras on 07.02.2013 and Assumed office as
Chief Justice, High Court of Madras on 24.10.2013. His
Lordship was appointed as a Judge of the Supreme Court
of India and sworn in on 17.02.2014.
Hon’ble Mr. Justice R.K.Agrawal
Hon’ble Mr. Justice M.Y.Eqbal
Re p o rt 2011- 2 0 1 4
Madras High Court
24
Hon’ble Mrs. Justice R.Banumathi
R e p ort 2011-2014
Hon’ble Mrs. Justice R. Banumathi was born on
20.07.1955 is a sitting judge of the Supreme Court of
India. Earlier Her Lordship had served as the Chief
Justice of Jharkhand High Court and Judge at Madras
High Court. Her Lordship had joined Tamil Nadu Higher
Judicial Service in 1988 as a direct recruit district judge.
As a sessions judge, Her Lordship dealt with number of
landmark cases and also headed one-person commission
on police excess by STF in Chinnampathy village in
Coimbatore district in 1995-1996. In April 2003, after
serving at various posts in the subordinate judiciary, Her
Lordship was then elevated as judge of the Madras High
Court. There Her Lordship dealt with many important cases including a ban on Jallikattu
or bull fight. The verdict paved the way for formulating regulations relating to Jallikattu. In
November 2013, Her Lordship was transferred to the Jharkhand High Court and appointed
as Chief Justice of that court at the same time. Within a matter of months, in August 2014,
Her Lordship was elevated to the Supreme Court of India. Her Lordship is the second
woman sessions judge to rise to the country’s highest court.
Hon’ble Mr. Justice D.Murugesan was born in Cumbum Pudupatti,
Theni District, Tamil Nadu on the 10th June, 1951 and
His Lordship completed Bachelor of Science Degree
course from Thaigarajar College, Madurai in 1972. His
Lordship completed Bachelor of General Law course from
the Madras University in 1974 and was a gold medalist
with first rank in Bachelor of Law degree course from the
same University in 1975. His Lordship joined the legal
profession the same year. As an advocate His Lordship
honed his skills under the guidance of eminent seniors like
Mr.K.K.Venugopal and Mr.Rangarajan Kumarmangalam.
During His Lordship’s illustrious legal career, served as the
Standing Counsel for Madras University, the Corporation
25
Hon’ble Mr. Justice D.Murugesan
CHIEF JUSTICES ELEVATED FROM THE HIGH COURT OF MADRAS
Madras High Court
Re p o rt 2011- 2 0 1 4
Hon’ble Mr. Justice N. Paul Vasanthakumar was Born on
15.03.1955. Passed M.A., M.L. Enrolled in the year 1980.
Was Junior to Late Mr. T. Martin. Was given a Honorary
post of member in Ecclesiastical Synod Courts, C.S.I.
Specialist in Service Law, Labour Law and Education
matters. Held the post of Senior Standing Counsel for
Tamil Nadu Public Service Commission and also Standing
Counsel for Central Government. Appointed as Additional
Judge of High Court of Madras on 10.12.2005 and as
Permanent Judge on 20.04.2007. His Lordship elevated
as Chief Justice of High Court of Jammu and Kashmir on
02.02.2015
Hon’ble Mr. Justice N. Paul Vasanthakumar
of Chennai and Selection Committee for MBBS, P.G. and Super Speciality courses from
1994-2000. He also served as the Special Government Pleader and Government Pleader
for the Government of Tamil Nadu from 1994 to 2000. His Lordship was appointed as a
Judge of the Madras High Court on the 2nd March, 2000. During His Lordship’s tenure of
more than 12 years in the Madras High Court, His Lordship disposed of more than 1.30 lakh
cases. His Lordship also presided over various Administrative Committees, served as the
Chairman of COFEPOSA Board and the President of Tamil Nadu State Judicial Academy
for over a period of three years. His Lordship was elevated as Chief Justice of Delhi High
Court on 26th September 2012 and His Lordship took several important decisions including,
among others, implementation of Right to Education from nursery classes to ensure equal
opportunity to students of all sections, ban on sale of junk food in schools, reforms in Tihar
jail, more night shelters for homeless, periodical surprise check of fruits and vegetables in
city markets for pesticides residue, suo motu cognizance of the December 16 Delhi gang
rape and setting up of a special court for day-to-day hearing of the case for expeditious
trial, directions to all lower courts to hold day-to-day hearings of sexual assault cases and
directions to all private hospitals to admit victims of heinous crimes like rape and murder.
His Lordship assumed office as Member of the National Human Rights Commission on the
21st September, 2013.
Madras High Court
26
R e p ort 2011-2014
List of Honourable Chief Justices of This High Court
2011 - 2014
Sl.No. Name of Hon’ble The Chief Justice
Period as Chief Justice
From
To
1.
Justice M. Yusuf Eqbal
11.06.2010 21.12.2012
2.
Justice Rajesh Kumar Agrawal
24.10.2013 12.02.2014
3.
Justice Sanjay Kishan Kaul
26.07.2014
-
Hon’ble The Chief Justices of High Court of Madras
Elevated as Hon’ble Judges of Supreme Court of India
during 2011 - 2014
Name of the
Hon’ble The Chief Justice
Sl.No
Period served in
the Madras High
Court
Elevated as Judge,
Supreme Court of
India on
1.
Justice M. Yusuf Eqbal
11.06.2010 to
21.12.2012
24.12.2012
2.
24.10.2013 to
12.02.2014
17.02.2014
List of Honourable Acting Chief Justices of
This High Court 2011 - 2014
Sl.No.
27
Name of Hon’ble Judge
Period as Acting Chief Justice
From
To
1.
Justice Elipe Dharma Rao
22-12-2012
06-02-2013
2.
07-02-2013
23-10-2013
3.
Justice Sathish Kumar Agnihotri
12-02-2014
25-07-2014
Madras High Court
Re p o rt 2011- 2 0 1 4
Hon’ble Judges of Madras High Court presently serving in
Other High Courts.
Sl.No
Name of Hon’ble
Judge
Serving in
1.
Justice M. Jeyapaul
High Court of Punjab and Haryana,
Chandigarh w.e.f 28.10.2010
2.
Justice K. Kannan
High Court of Punjab and Haryana w.e.f.
05.11.2008
Justice Raja Elango
High Court of Judicature at Hyderabad for the
State of Telangana and the State of Andhra
Pradesh w.e.f. 25.03.2010
3.
Madras High Court
28
R e p ort 2011-2014
Hon’ble Judges Served and Retired
During the period from 2011-2014, with the Date of Retirement
Justice Elipe Dharma Rao
14-07-2013
Justice M.Chockalingam
16-02-2011
Justice K.Mohan Ram
27-05-2012
Justice P. Jyothimani
25-10-2012
Justice Chitra Venkataraman
21.04.2014
Justice K.N.Basha
13-05-2013
Justice P.P.S. Janarthana Raja
20-01-2013
Justice K. Suguna
09-10-2013
Justice S. Rajeswaran
31.10.2014
29
Madras High Court
Re p o rt 2011- 2 0 1 4
Justice Vinod K.Sharma
24-05-2013
Justice K.Venkataraman
08.05.2013
Justice K. Chandru
08-03-2013
Justice G. Rajasuria
22-08-2013
Justice T. Sudanthiram
14-08-2013
Justice V.Periya Karuppiah
04-10-2012
Justice G.M.Akbar Ali
22.11.2014
Justice A.Arumugha Swamy
27.04.2014
Justice M. Vijayaraghavan
16-11-2013
Madras High Court
30
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Advocates General of Tamil Nadu during 2011 - 2014
Sl.No. Name of the Advocate General
1.
2.
3.
Mr. P.S. Raman
Mr. A.Navaneethakrishnan
Mr. A.L.Somayaji
Period
From
30-07-2009
29-05-2011
08-03-2013
To
19-05-2011
07-03-2013
-
Pattabhi Sundar Raman was born on November 7, 1960.
His father was an Indian lawyer V.P. Raman, who has served
as the Advocate-General of Government of Tamil Nadu from
1977 to 1979. He did his schooling in Vidya Mandir, Chennai
and graduated in Commerce from Loyola College, Chennai and
he has obtained his Law Degree from the Madras Law College.
He started practicing as a lawyer in 1985 and founded the law
firm Raman and Associates in the year 1991. Raman practiced
in the Madras High Court and the Supreme Court of India, and
in September 2004, he was designated as Senior Advocate of
the Madras High Court. On June 11, 2006, he was appointed
as Additional Advocate-General of Tamil Nadu and became the
Advocate-General of Government of Tamil Nadu on 30.07.2009
and he held office till 19.05.2011.
Mr.A.Navaneethakrishnan was born on 18.05.1956 at
Ponnappur West in Orathanadu Taluk of Thanjavur District
Hailing from a typical agricultural family, he had his collegiate
education from A.V.V.M. Sri Pushbam College, Poondi and he
took his Law Degree from the Madras Law College. Intially
started his practice in Mofussil Bar of Thanjavur, he soon shifted
his practice to Chennai. He was a member of the TNPSC and
later was appointed as the Advocate General of Tamil Nadu on
29-05-2011. Subsequently he was appointed as the Chairman
of TNPSC and then elected as Member of Parliament, Rajya
Sabha from Tamil Nadu.
Mr.A.L.Somayaji was a lawyer of higher order and having
a wider experience in Constitutional issues as well as labour
matters. He has having a strong grounding in labour issues
having worked under renowned stalwarts under M/s. Aiyar
Dolia. He had held the post of Additional Advocate General of
Tamil Nadu. He was appointed as Advocate General of Tamil
Nadu on 08-03-2013.
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Madras High Court
Re p o rt 2011- 2 0 1 4
Living Legends of the BAR
Mr.K.Parasaran was born on October 9, 1927 at
Sri Rangam as the son of Kesava Iyengar, a doyen
of Madras Bar. He passed his S.S.L.C. in the year
1942 from Hindu High School, Triplicane, Chennai
and completed his graduation from Presidency
College, Chennai in the year 1944. He went on
Mr.K.Parasaran
to complete his Degree in Law from Madras Law
College in 1949. He had been awarded Justice C.V. Kumarasamy Shastri Sanskrit Medal in
B.A., and Justice Sri V.Bhashyam Iyengar Gold Medal in Hindu Law in B.L., He was also the
recipient of Justice K.S.Krishnaswamy Iyengar Medal in the Bar Council examination. Mr.
K.Parasaran enrolled in the Supreme Court of India in 1958 and he was appointed Central
Government Senior Standing Counsel in the Madras High Court in 1971. On 17.06.1976, he
was appointed Advocate General of Tamil Nadu, but he resigned after a year in June 1977.
He was appointed as Solicitor General of India in February 1980 and he held that post from
06th March 1980 to 08th August 1983. Since then to November 1989 he was appointed
as Attorney General of India. Mr.Parasaran was awarded an Honounary Degree of Doctor
of Laws from Annamalai University in 1989. He has been nominated as a Member of the
National Commission for Review of Working of the Constitution. In the year 2003, he was
awarded the Padma Bushan by the President of India and Padma Vibushan in the year
2011. In June 2012, he was nominated to the Council of States (Rajya Sabha).
Mr.K.K.Venugopal, Senior Advocate was born on
6th September 1931. He is the son of the illustrious
MK.Nambiar, Advocate who famously defended
the right to life and personal liberty in AK.Gopalan
Vs. State of Madras. He completed his law degree
from Raja Lakhamgouda Law College, Belgaum
Mr.K.K.Venugopal
Karnataka. He enrolled as an advocate in January
1954. In 1972, he was designated as Senior Counsel by the Supreme Court of India. He
was appointed the Additional Solicitor General of India from 1979 to 1980. In 1995, he was
appointed as President of SAARAC LAW. In 1996, he was appointed as the President of
Union Internationale des Avocats. He has also been appointed as Vice President of Bar
Association of India. He is the Member of Executive Council and the General Council of the
West Bengal National University of Juridical Sciences, Calcutta. He is also a Prestigious
Member of NALSAR, Hyderabad. He has also been conferred with Padma Bushan in 2002
by the President of India. In the year 2015 he was awarded Padma Vibushan.
Madras High Court
32
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FULL BENCHes Constituted DURING 2011-2014
Principal Seat of Madras High Court
MONTH &
YEAR
CORAM
April
2011
The Chief Justice, Justice P.Jyothimani & Justice T.S.Sivagnanam
July
2011
Justice Chitra Venkatraman, Justice P.P.S.Janarthana Raja &
Justice N.Paul Vasanthakumar
July
2011
August
2011
Justice K.N.Basha, Justice T.Sudanthiram & Justice S.Nagamuthu
August
2011
March
2012
Justice Elipe Dharma Rao, Justice D.Murugesan & Justice M.Venugopal
September
Justice Elipe Dharma Rao, Justice D.Murugesan & Justice M.Venugopal
2012
November
2012
Justice R.Banumathi, Justice P.R.Shivakumar & Justice S.Nagamuthu
April
2013
Justice Elipe Dharma Rao, Justice S.Rajeswaran & Justice M.Venugopal
April
2013
The Acting Chief Justice, Justice N.Paul Vasanthakumar &
Justice M.Sathyanarayanan
September The Acting Chief Justice, Justice N.Paul Vasanthakumar &
2013
Justice M.Sathyanarayanan
January
2014
April
2014
August
2014
Justice N.Paul Vasanthakumar, Justice R.S.Ramanathan &
Justice K.Ravichandrabaabu
Justice S.Rajeswaran, Justice R.Subbiah & Justice R.S.Ramanathan
Justice N.Paul Vasanthakumar,Justice R.S.Ramanathan &
Justice K.Ravichandrabaabu
September
Justice S.Rajeswaran, Justice R.Subbiah & Justice R.S.Ramanathan
2014
33
Madras High Court
Re p o rt 2011- 2 0 1 4
FULL BENCHes Constituted DURING 2011-2014
Madurai Bench of Madras High Court
MONTH &
YEAR
July
2011
CORAM
September
2011
Justice P.Jyothimani & Justice M.Duraiswamy & Justice Aruna Jagadeesan
December
2012
Justice K.N.Basha, Justice T.Sudanthiram & Justice P.Devadass
August
2013
Justice N.Paul Vasanthakumar, Justice T.Mathivanan & Justice P.Devadass
November
2013
Justice M. Jaichandren, Justice S. Nagamuthu & Justice M.Venugopal
November
2013
Justice M. Jaichandren, Justice M.Venugopal & Justice T.Raja
January
2014
Justice R.Sudhakar, Justice S.Tamilvanan, Justice A.Selvam,
Justice M.Sathyanarayanan & Justice B.Rajendran
February
2014
Justice R.Sudhakar, Justice S.Tamilvanan, Justice A.Selvam,
Justice M.Sathyanarayanan & Justice B.Rajendran
September
2014
Justice M.Jaichandren, Justice K.K.Sasidharan & Justice R.Mahadevan
Madras High Court
34
R e p ort 2011-2014
Stare Decisis - March of Law
2011 -2014
In the ever expanding universe, nothing can be static. Law is no exception. Law may
apparently appear to be dormant and sleeping in hide bound books but it silently undergoes
metamorphosis and manifests in manifold dimensions at the hands of adroit Judges. We
concluded the previous edition of the March of Law with the following words, “Therefore,
we make every endeavour to take the law to the next level, so as to serve humanity best.”
In keeping with this assurance the Madras High Court has indeed elevated the legal
discourse to the next higher level. What we have given hereunder is not exhaustive, for, the
number is so high that it became a daunting task for us to pick and choose from the best for
accommodating them within the allotted space. Now, let us begin our journey.
No God demands that people should fight over worshiping. The divisiveness in the
society to an extent that even over the issue of worshiping in temples, there is
a fight. If people can not peacefully worship, then the temple would have to be
locked. With these observations, the First Bench of this Court in E.Saman v. District
Collector [W.P.No.20464 of 2014 dated 24.11.2014], upheld the decision taken by
the Administrator of a temple in locking the same as peace was disturbed on account
of fight between two groups. This judgment reflects the displeasure of this court in
the deep rooted caste system which many a times, is the cause for disturbance to
peace and tranquility.
2.
In Uthapuram Village, in Madurai District, a wall was erected dividing the habitations
on the basis of caste preventing one group from entering into the habitations of
the other group. It was a case of human wall erected on the basis of colour, creed
and caste. The Madurai Bench of this Court stepped into the issue as a result of
which a Historic agreement was reached between the parties allowing entry of the
Scheduled Caste people of the village in temples. Dealing with Social Justice and
Equality, the Madurai Bench of this Court in Murugan v. State of Tamil Nadu [(2012)
2 CTC 561], following the decision of the Hon’ble Apex Court in Lata Singh v. State
of U.P. [(2006 (5) SCC 475], cursed the cancerous growth of the caste system.
This Court also held that if will of the people is strong, solutions can be found in the
absence of State intervention besides observing that Wall (Caste) divided but Will
(power) united.
35
Madras High Court
Re p o rt 2011- 2 0 1 4
3.
An interesting question, “whether a Hindu by birth belonging to a Backward Class
community on conversion to Islam as Labbai Muslim, can continue to claim the status
of Backward Class?” was examined by this court in MU.Aariffaa v. The Secretary
to the Government, (P & AR Department), Fort St. George, Chennai, 2014 (3) MLJ
467. After having made a scientific analysis of various judgments on reservation,
more particularly, the much celebrated case in “Indra Sawhney Vs. Union of India
reported in 1999 Supp (3) SCC 217” and after taking note of the need for establishing
a casteless society, this court held that the denial of Backward Class community
certificate to the converted Muslims amounts to deprival of the fundamental rights
guaranteed to them under Articles 15(4) and 16(4) of the Constitution of India.
Accordingly, this court held that the community certificate issued to the candidate is
legally valid.
4.
The people of this country are guaranteed a peaceful and dignified life. In the event,
the most cherished fundamental right to life guaranteed under Article 21 of The
Constitution of India is infringed even by a judicial order of a court, this High Court
would certainly go to the rescue of the victim. On a complaint of a young woman,
who allegedly became pregnant on account of sexual exploitation by a boy of her
age, a case was registered against the boy. The boy and the girl, after medical
examination, were produced before the jurisdictional Magistrate. The Magistrate,
showing gross negligence, remanded both the accused as well as the victim to
judicial custody. Thus, the poor victim was incarcerated for seven days for no offence
committed by her. She filed a writ petition complaining of violation of her right to life
under Article 21 of The Constitution of India. The Magistrate took the defence that
under Section 3(2) of “The Judges Protection Act, 1985”, she is immuned. Rejecting
the said plea and holding that there was serious infringement of her fundamental
right, this court held that “The Judges Protection Act, 1985”, would not deter this
court from exercising its writ jurisdiction and eventually directed the government
to pay Rs.1,00,000/- [Rupees One Lakh only] as compensation to the victim. [vide
S.Velankanni v. Chitradevi, Sub Inspector of Police, All Women Police Station,
Dharmapuri and 4 others 2013 - 2 - L.W. (Crl.) 82]. Equally, it is the State’s obligation
to protect the properties of the citizens as well. While considering the Doctrine of
“Vicarious Liability” in a petition under Article 226 of the Constitution of India, the
Madurai Bench of this Court held that when the State fails to protect the life and
properties of its citizens, the State cannot take sovereign immunity as a defence
Madras High Court
36
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and the State is liable to pay compensation to the victims. During an agitation
by a political party, some miscreants caused extensive damage to the properties
of the citizens. Applying the doctrine of “vicarious liability” this court directed the
State to pay compensation to the victim and also gave liberty to the Government
to recover the amount from the miscreants by invoking the provisions of “The Tamil
Nadu Public Property [Prevention of Damages and Loss] Act, 1992”. [vide Ganesan
v. State of Tamil Nadu [(2012) 2 CTC 848].
5.
Our natural resources are the national assets. There was public outcry that there
were large scale illegal mining of sand and granites in the State. Such illegal miners
took a strange plea that in respect of the offences committed under “The Mines and
Minerals [Development and Regulation] Act, 1957” as well as the Indian Penal Code,
1860, the police has no power to register a case and to investigate. A Division Bench
of this court in Sengol v. State, 2012 (2) CTC 369, rejected the said plea and held
that if the act of the accused constitutes offences under “The Indian Penal Code,
1860” as well as under the provisions of “The Mines and Minerals [Development and
Regulation] Act, 1957”, registration of a case both under the provisions of the “Indian
Penal Code, 1860” and “The Mines and Minerals [Development and Regulation] Act,
1957” is not illegal and the police shall file police report in respect of the offences
punishable under the Indian Penal Code and in respect of offences punishable under
“The Mines and Minerals [Development and Regulation] Act, 1957,” the police officer
may file a separate complaint provided he has been so authorized under Section 22
of “The Mines and Minerals [Development and Regulation] Act, 1957”. The contrary
views taken by the different High Courts in this regard were overruled and the view
taken by this court was affirmed by the Supreme Court in State of NCT of Delhi
v. Sanjay, 2015 AIR SC 75 [Criminal Appeal No.499 of 2011 by judgment dated
04.09.2014]. After the above judgment in Sengol’s case several cases have been
registered against the illegal granite and sand miners. Cracking down on the alleged
illegal mining, a Division Bench presided over by the Chief Justice, on a Public
Interest Litigation filed by one Mr.Traffic Ramaswamy in W.P.No.16841 of 2014 has
appointed an IAS officer as a Special Officer to probe all granite mining contracts
and the license given to various private companies to find out as to whether there
was any misuse. This order has brought cheers among the public.
6.
Preserving our national resources is the need of the hour. A Division Bench of this
Court, in M. Palanisamy vs. The State of Tamil Nadu, rep by its Secretary, Industries
37
Madras High Court
Re p o rt 2011- 2 0 1 4
Department, Fort St. George, Chennai and others , 2012 (4) CTC 1, expressed
its anguish that excessive in-stream sand-and-gravel mining from river beds and
like resources causes the degradation of rivers. In-stream mining lowers the stream
bottom, which leads to bank erosion. Depletion of sand in the stream-bed and along
coastal areas causes the deepening of rivers and estuaries and enlargement of river
mouths and coastal inlets. It also leads to saline-water intrusion from the nearby
sea. The effect of mining is compounded by the effect of sea level rise. Any volume
of sand exported from stream-beds and coastal areas is a loss to the system. There
cannot be any two opinions that natural resources are the assets of the nation and
its citizens. Article 48A of the Constitution requires that the State shall endeavour to
protect and improve the environment and safeguard the forests and wild life of the
country. Similarly, Article 51A enjoins a duty upon every citizen to protect and improve
the natural environment including forests, lakes, rivers and wild life, and to have
compassion for all the living creatures. The court, therefore, held that the obligation
of all concerned, including the Central and the State Governments, is to conserve
and not waste such valuable resources. In view of the constitutional provisions, “the
Doctrine of Public Trust” has become the law of the land. The said doctrine rests on
the principle that certain resources like air, sea, waters and forests are of such great
importance to the people as a whole that it would be highly unjustifiable to make
them a subject of private ownership. After having expressed the said concern, the
Division Bench upheld the constitutionality of Rule 38-C inserted by the State to the
Tamil Nadu Minor Mineral Concession Rules, 1959 for the purpose of bringing and
restricting the illegal mining operation, transportation and storage of minerals. This
judgment has virtually restored complete control of mining activities in the State to
a greater extent.
7.
While preserving the natural resources, the developmental activities can not
be taken to the back seat. When an issue on a proposed developmental activity
affecting preservation of environment/water sources is raised, undoubtedly, no court
would ever allow a developmental activity to take place at the cost of putting at brink
safeguards to the water sources or the environment. However, when the court is
satisfied with sufficient and adequate materials that a developmental activity may
not affect the ecological balance or preservation of water sources and that, with the
advantage of innovative technology, no detriment would result to the water sources
or ecology, there may not be any impediment to allow such project to proceed and
have its completion for the use and benefit of the public at large. When the National
Madras High Court
38
R e p ort 2011-2014
Highways Authority of India started to lay the road across certain water bodies and
rivers, it was an issue before this court in National Highways Authority of India through
Project Director v. Secretary to Government, Public Works Department, (2014) 1
MLJ 644 wherein after balancing between development and the risk of detriment to
ecological balance and preservation of water sources, this court after having regard
to the undertaking from NHAI not to in any manner disturb the ecological balance
and water sources permitted the NHAI to complete the remaining project without
contravening the undertaking given to the court in respect of preservation of water
bodies.
8.
The right to exist on par with human beings, though is conferred upon the animals
through legislation, yet, when the existence and the right of the animals are infringed,
it is only through human beings, such rights could be extended on the affected
animals. In this context, when an injury or infringement on the rights of the animals
was noticed, this Court deemed it just to seize the opportunity to render justice to
the poor animals, which could not plead and initiate action. When permission was
sought to conduct cock-fight as a part of community festival, this court, applying the
provisions of The Prevention of Cruelty to Animals Act, 1950 and taking note of the
sufferings of the birds in the cock-fight, declined to grant permission for such cockfight and also suggested to the Government to prohibit cock-fight. While doing so,
this court quoted the father of the Nation who said “The greatness of a nation and
its moral progress can be measured by the way in which its animals are treated”.
[Vide S.Kannan v. The Commissioner of Police, Madurai City,Madurai, 2014 (3)
CTC 676].
9.
When we are prepared to protect even the rights of animals, we cannot show
Nelson’s eye to the plight of our own brothers / sisters – The transgenders. The
Transgenders, need the empathy of all, unfailingly. The transgender people are
considered neither as males nor as females for the purposes of employment and
they are put to lot of humiliation and ridicule. When a girl, who was born and brought
up and also recognized by this country as a girl, was discharged from the police
service branding her as a transgender, this court held that she shall be treated as a
woman for all purposes as she has been so recognized by the society and ordered
restoring her to service. This court distinguished the sex in the field of human biology
and the sex in the field of human psychology. This judgment is a great boon to the
transgender community [vide Nangai v. Superintendent of Police, Karur, 2014 (1)
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Madras High Court
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CWC 678 : 2014(4) LW 364 : 2014(3) CTC 497: 2014(4) MLJ 12 : 2014(3) KLT 22
(SN) (C.No.24)].
10. Surrogacy has come as a boon for the couple who yarn for a child. When the
surrogate mother carries the child in her womb, she also needs rest and medical
attention, both before and after delivery. Similarly, the biological mother also needs
time to spend with the child to look after. Whether a mother, who obtained child
through surrogacy, is entitled to Maternity Leave was answered by this Court in the
affirmative in K.Kalaiselvi v. Chennai Port Trust (2013 (2) CTC 400) by holding that
the purpose of the Rule is to facilitate bonding between the child and the parents and
that the Rule is applicable in case of adoptive mothers also and hence, surrogate
mother is entitled to Maternity Leave for child care.
11. The High Court, being an institution to protect the welfare of the poor, was confronted
with a question whether for granting educational loan to the students, the prerequisite
is that the candidate should have secured 60 marks in the qualifying examination.
The court held that it is not necessary and it is suffice that the candidate had
secured minimum qualifying marks for admission. This has paved way for many
poor students in the State to join Professional Colleges on the strength of the
educational loans. [vide Branch Manager, Indian Overseas Bank v. A. Ravi, 2014
(4) CTC 363].
12. This court, taking note of suyamarithai form of Hindu Marriage, which are valid in
the State of Tamil Nadu, held that a valid marriage does not necessarily mean that
all the customary rights pertaining to the married couple are to be followed and
subsequently solemnized. This court further expressed its view that if a woman aged
18 or above has sexual relationship with a man, aged 21 or above, and during the
course of such relationship, if the woman becomes pregnant, she would henceforth
be treated as the ‘wife’ and the man would be treated as the ‘husband’. Even if the
girl does not become pregnant after having such sexual relationship with a man but
if there is strong documentary evidence to show the existence of such relationship
then also the couple involved in such acts would be termed as “wife” and “husband”.
This court further went on to declare that even after such a sexual relationship, if
both decide to separate due to difference of opinion, the ‘husband’ cannot marry
without getting a decree of divorce from the Court of law against the ‘wife’. So far
as the choice of the youths in choosing their life partner, this court held that if a
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bachelor has completed 21 years of age and a spinster 18 years of age respectively
then they acquire the freedom of choice as guaranteed by the Indian Constitution.
[Vide Aysha v. Ozir Hassan (2013) 3 LW 870 : (2013) 4 CTC 90 : (2013) 2 MWN (Cri)
254 : (2013) 5 Mad LJ 31].
13. There was an alarming situation at the hands of land grabbers and anti-social
elements resorting to white collar crimes looting away the valuable landed properties
through different novel methods. Between 03.11.2011 and 18.10.2012, the District
Registrars have received 3400 complaints and the Inspector General of Registration
received 2751 such complaints of fraud. The Inspector General of Registration
issued a circular to the registering officers to order annulment of a document by
following three vital steps viz., (a) the District Registrar has to conduct an enquiry
on complaints of fraudulent registrations; (b) if fraud is proved, the Registering
Officer is directed to file FIR as per Section 83 of the Act; and (c) the Registering
Officer also has to make an endorsement by way of note of annulment in relevant
books as per the settled principle of law that once fraud in unraveled, act of fraud
become non-est. This circular was challenged in a batch of writ petitions before
the Madurai Bench in Ramasamy v. State of Tamil Nadu, rep. by its Secretary ,
Revenue Department and others, 2014 (4) CTC 627. This court held under Section
68 (2) of The Registration Act, the registrar shall have authority to issue any order
consistent with this Act which includes an order of annulment. The circular of the
Inspector General of Registration is only in tune with Section 68(2) of the Act which
will not amount to exceeding the power of the Inspector General of Registration as
simply filling up an existing vacuum till the legislature chooses to make appropriate
laws does not amount to taking over the functions of the legislature. The said circular
is only an interim measure to fill up the lacunae in dealing with the menace of the
fraudulent transactions till a suitable rule is brought in or inserted in the statute and
thus it is valid.
14. A Division Bench of this Court, in R. Muthukrishnan v. Union of India [2014 (2)
CTC 673] (DB), in a Public Interest Litigation filed challenging the Direct Benefit
Transfer Scheme for Liquefied Petroleum Gas announced by the Union of India,
while answering the preliminary issue framed as to whether an Advocate is entitled
to argue in a Public Interest Litigation with his robes, held that in a case where the
Advocate himself is the litigant, he shall not be entitled to any rights and privileges as
an Advocate while appearing in person for his own cause. The Bench also observed
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that a person cannot appear or plead before a Court of law in dual capacity, one as
party and the other as Advocate and when an Advocate is appearing as Party-inperson, he is bound to maintain norms and decorum of legal profession.
15. Madurai Bench of this court was born in 2004. Some time later, a reasonable doubt
arose in respect of the territorial jurisdiction of the Principal Bench and Madurai
Bench. This issue was referred to a Full Bench in B.Stalin v. The Registrar, Supreme
Court of India, New Delhi and others (2012) 4 CTC 113 : (2012) 5 MLJ 655 : AIR
2012 Mad 259: (2012) 3 LW 489. The Full Bench answered the reference stating
that the Chief Justice of the High Court is the Master of the Rolls and, therefore, he
alone is the competent authority to decide the posting of the matters either before
the Principal Bench or before the Madurai Bench. Referring to the Presidential Order
and following the judgment of the Hon’ble Supreme Court in Rajasthan High Court
Advocates’ Association Vs. Union of India and others reported in (2001) 2 SCC 294,
the Full Bench held that in case a dispute arises as to whether an individual case or
cases should be filed and heard in the Principal Bench or in the Madurai Bench, the
same should be resolved by applying the test - from which district the case arises,
that is, in which district the cause of action can be said to have arisen. Then, the Full
Bench eventually held that it is the cause of action, either in full or in part, which
decides the territorial jurisdiction between the Principal Bench and the Madurai
Bench in each case.
16. An important question involving a constitutional issue as to whether a Former
Chairman of the State Public Service Commission is debarred from being appointed
as the Advocate General for the State came up for consideration before a Division
Bench in S.Kasiramalingam v. The Chief Secretary, Government of Tamil Nadu and
others, 2012 (5) CTC 819. This court, after having extensively dealt with various
constitutional provisions, more particularly, Article 319 (d) of the Constitution of
India, held that the Office of the Advocate General is not an employment under
the State Government and, thus, there is no constitutional bar for the appointment
of a former Chairman of Tamil Nadu Public Service Commission as the Advocate
General for the State.
17. Separation of powers among the three organs of the Government is an essential
feature of the Constitution. While dealing with the doctrine of separation of powers,
in T.Xavier v. The State of Tamil Nadu, 2012 (3) CTC 802, this court held that when
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an individual is recommended by the selection committee under the Chairmanship of
the State Consumer Commission for the post of the President of District Consumer
Disputes Redressal Forum, under “The Consumer Protection Act, 1986” it is for the
State to act on that. The power conferred on the Executive is only to finalize the
name sent by the Selection Committee and not to call upon the judicial authority to
send a panel of names. The appointing authority also cannot appoint a person who
has not been recommended by the selection committee.
18. The Suspension of the Hon’ble Opposition Leader of the Tamil Nadu Legislative
Assembly by the Assembly was under challenge before this court in Vijayakant v.
Tamil Nadu Legislative Assembly rep. By its Secretary, 2012 (3) CTC 449 wherein
this court dealt with Article 212(1) of the Constitution of India which imposes a bar
upon any Court to call in question, the validity of any proceedings in the Legislature
of a State, on the ground of any alleged irregularity of procedure. Relying on Raja
Ram Pal v. Hon’ble Speaker, Lok Sabh, (2007) 3 SCC 184, this court held that the
area of powers, privileges and immunities of the legislature, being exceptional and
extraordinary and hence if acts are not to be tested on the traditional parameters
of judicial review, this Court would confine itself to the acknowledged parameters
of judicial review and within the judicially discoverable and manageable standards.
This court further held that a complaint of infringement of fundamental right should
always be examined both at the instance of a member of the House as well as at the
instance of a non member, especially when it results in civil consequences. In other
words, the expressions “fundamental right under Article 20 or Article 21” and “civil
consequences” as dealt with in Raja Ram Pal’s case should go together. Applying
the said test, this court examined all the contentions and finally held that there were
no grounds made out for the exercise of the power of judicial review.
19. The question, whether a person, who was summoned to appear and show cause
by the Privilege Committee constituted by the Tamil Nadu Legislative Assembly, is
entitled to be represented along with an Advocate of his choice in the proceedings,
came up for consideration, in E. Edwig v. Tamil Nadu Legislative Assembly [2013 (1)
CTC 774]. This Court, after elaborately discussing the provisions of the Advocates
Act empowering Advocates to practice before any Tribunal / Person authorized
to take evidence and considering the provisions of the Constitution relating to
powers, privileges and immunities of the Houses of Parliament and its members
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and Committees, held that in the absence of any statutory impediment, Privilege
Committee of Legislature, empowered to record evidence, cannot deny assistance
of Counsel to aggrieved person.
20. A Public Interest Litigation [PIL] filed by an Advocates’ Association of this court
seeking a direction to the Registrar General of this Court to issue suitable orders
/ direction to the Print and Electronic Media not to publish any matter relating to
the administration of the High Court without obtaining proper permission from the
Registrar General and also not to publish any matter till the Court passes any
order therein came up for consideration in Madras High Court Practicing Advocates’
Association rep. by its President, Elephant G.Rajendran, Chennai-17 v. Registrar
General, High Court of Madras and others, 2012 (3) CTC 225. The Division Bench
was precisely concerned with the restrictions reasonably necessary in the interest
of public order under Article 19(2) or in the interest of the general public under
Article 19(6) of the Constitution of India. The Division Bench commenced its journey
from the earliest case in the State of Madras v. V.G. Row, 1952 SCR 597 : AIR
1952 SC 196 and ended with Rajendra Sail Vs. Madhya Pradesh High Court Bar
Association, AIR 2005 SC 2473. This court reminded the members of the press
that the primary function of the press is to provide comprehensive and objective
information of all aspects of the country’s political, social, economic and cultural
life. It has an educative and mobilising role to play. It plays an important role in
moulding public opinion and it can be an instrument of social change. But it has to
be remembered that this freedom of press is not absolute, unlimited and unfettered
at all times and in all circumstances as giving an unrestricted freedom of speech and
expression would amount to an uncontrolled license. If it were wholly free even from
reasonable restraints it would lead to disorder and anarchy. The freedom is not to be
misunderstood as to be a press free to disregard its duty to be responsible. In fact,
the element of responsibility must be present in the conscience of the journalists.
In an organized society, the rights of the press have to be recognized with its duties
and responsibilities towards the society. Public order, decency, morality and such
other things must be safeguarded. The protective cover of press freedom must not
be thrown open for wrong doings.
21. On the contempt jurisdiction this court took serious note of a resolution passed by a
Municipal Corporation Council condemning the judgment of the trial court in Karanata
convicting the then Chief Minister of Tamil Nadu. In R.S.Bharathi v. The State of Tamil
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Nadu, rep. by its Chief Secretary to Government, Fort St. George, Chennai, and
others [W.P.No.26733 of 2014 dated 18.12.2014], this court recapitulated the broad
guidelines for punitive action for contempt. During the course of the proceedings,
the Mayor of the Municipal Corporation expressed her deep regret and apology for
the offensive and derogatory remarks made against the judiciary, more specifically
the Judge concerned. She had also undertaken to give publicity to her regret and
unconditional apology and to issue press statements expressing her regrets. This
Court accordingly directed her to issue a press release and publish her regret and
unconditional apology in the newspapers, where the item appeared reporting her
earlier conduct and admonished the contemnor.
22. In the field of education , an important question arose as to whether the Private
Unaided Educational Institutions affiliated to CBSE and ICSE Schools are immune
from regulations by the State and the provisions of the Tamil Nadu Private Schools
(Regulation of Collection of Fee) Act, 2009. This issue was examined in the light
of the Right to Free and Compulsory Education Act. After having elaborately dealt
with the issue, a Division Bench held that the State Government is not totally alien
to have control over the schools and further held that appropriate Government
for all the Schools established within the territory of the State is only the State
Government, which can exercise domain over all the Schools including CBSE and
ICSE Schools and accordingly it concluded that the provisions of the Tamil Nadu
Private Schools (Regulation of Collection of Fee) Act, 2009 are applicable to CBSE
and ICSE schools in the State of Tamil Nadu. [Vide Lakshmi School v. The State of
Tamil Nadu 2012 (6) CTC 8] .
23. In M/s.Salem Textiles Limited v. The Authorized Officer, Phonex ARC Pvt. Ltd., 2013
(3) CTC 257, the scope of Section 13(4) of The Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act],
came up for consideration in the light of Section 22 of “The Sic Industrial Companies
(Special Provisions) Act, 1985” [SICA]. The Full Bench held that once an action is
initiated in terms of Section 13(4) of the SARFAESI Act, by the secured creditors
representing three-fourths in value of the total amount outstanding, the proceedings
before BIFR would automatically abate, in view of the third proviso inserted by Act
54 of 2002 under Section 15(1) of SICA 1985. The secured creditors are not obliged
to seek permission of BIFR under section 22 (1) of SICA, for taking action under
Section 13(4) and for bringing to an end the proceedings before BIFR, provided
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they represent three-fourths in value of the total amount outstanding and they take a
concerted decision to initiate action under Section 13(4) of Securitisation Act, 2002.
24. Constitutionality of Section 17-A (1), 17-A (2) and 17-A (3) of The Industrial Disputes
Act, 1947, which was introduced empowering the State Governments to declare
an award as not enforceable was examined. A learned single Judge of this court
declared that Section 17-A of the Industrial Disputes Act stands struck down so
far as the Union Territory of Puducherry is concerned since, the Andhra Pradesh
High Court in Telugunadu Workcharged Employees vs. Govt of India reported in
1997 (3) ALT 492 had struck it down as unconstitutional. The court took the view
that if once it is struck down by one High Court, then, the said provision disappears
in the statute book for all States and the Central Government. The Union of India
took up the matter on appeal in Union of India v. Textile Tradesmen Association,
(2014) 5 LW 184 : (2014) 6 CTC 427. The Division Bench affirmed the view of the
single Judge and held that the declaration made by the Andhra Pradesh High Court
that Section 17-A of the Industrial Disputes Act is unconstitutional holds good even
today for all States including the Union Territory of Puducherry. The Division Bench
further affirmed the view that Section 17-A of the Industrial Disputes Act, 1947, is
unconstitutional.
25. In Solai Subramanian alias S.Subramanian v. The Chief Secretary, Tamil Nadu
State Government, 2014 (4) CTC 821, applying the provisions of the Tamil Nadu
Official Language Act, 1956 [T.N. ACt 39 of 1956 as amended by Tamil Nadu Act
41 of 1976] this court has held that Tamil Language shall be used for all official
purposes in the State of Tamil Nadu and further held that in the Subordinate Courts,
the proceedings shall be conducted and judgment delivered only in Tamil Language.
26. After the establishment of Madurai Bench , for the first time, a Full Bench of fiveJudges was constituted in J.Alex Ponseelan v. State, 2014 (2) CTC 337 to decide
whether Rule 14(b)(iv) of the Tamil Nadu Special Police Subordinate Service Rules,
1978, is violative of Articles 14 and 16 of The Constitution of India and whether mere
involvement in the criminal case despite the acquittal would be a disqualification for
the post of Grade-II Police Constable. The Larger Bench by majority of 4:1, upheld,
the constitutionality of Rule 14(b)(iv) of the Tamil Nadu Special Police Subordinate
Service Rules, 1978 and also held that a person who has been discharged in a
criminal case is also disqualified for the post.
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27. The Dental Council of India revised B.D.S., course Regulations, 2007, prescribing
three years upper time limit for a student to successfully complete the I year B.D.S.,
University examination, from the date of admission in the course was challenged
before the Madurai Bench of this Court in Nizvy Sunil Prakash v. The Secretary
Dental Council of India (2014 (1) CTC 257) wherein, this Court, after having
analyzed the Dental Council of India Revised B.D.S., Course Regulations, 2007
and The Dentist Act, 1948, held that there was no effective consultation of the State
Governments under Section 20(2) of the Act before the issuance of the regulations,
and thus, the regulation is arbitrary, violative of Article 14 of the Constitution of India
and accordingly this court struck down the said provision in the Regulations.
28. An important question as to whether The Indian Medical Council Act, 1956, The
Dentists Act, 1948 and the the Indian Nursing Council Act, 1947, would prevail
upon the Jawaharlal Institute of Postgraduate Medical Education and Research
Puducherry Act, 2008 and vice versa came up for consideration before this court
in Miss.Aheli Bal The Director of JIPMER, Puducherry, 2014 WLR 753. The issue
was that a failed student, who could not secure the minimum marks prescribed by
the Institute, challenged the same on the ground that since she had not secured the
minimum marks prescribed under the Graduate Medical Education Regulations,
1997, by The Medical Council of India, in exercise of the power conferred under
The Indian Medical Council Act, 1956, she should be declared to have passed the
said examination. After having made a scientific analysis of these relevant Central
legislations and after having referred to the judgment in Annamalai University,
represented by its Registrar v. Secretary to Government, Information and Tourism
Department and others reported in (2009) 4 SCC 590 this court held that though
the provisions of UGC Act are binding on all Universities, whether conventional or
open , Section 24 of the Jawaharlal Institute of Postgraduate Medical Education and
Research Puducherry Act, 2008 clearly and explicitly in the matter of providing
medical degrees by the JIPMER Institute, excludes the Indian Medical Council
Act, 1956, the Dentist Act, 1948 and the Indian Nursing Council Act, 1947 from
the provisions of the JIPMER Act for granting medical degrees and, therefore, no
provision under the Indian Medical Council Act, 1956 and no regulation or rule framed
under the said Act prescribing any criteria for passing the M.B.B.S. Course or post
graduate medical education course will prevail over the JIPMER Act. Thus, the
court held that the candidate cannot be declared to have passed the examination
based on the minimum marks prescribed by the Regulations, 1997.
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29. The constitutionality of Section 2(1)(o) of Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 [in short,
“SARFAESI”] as well as the guidelines issued by the Reserve Bank of India
pertaining to the classification of accounts as non-performing assets was examined
by a Division Bench in a batch of writ petitions in M/s.Deccan Chronicles Holdings
Limited v. Union of India 2014 (3) CTC 321. Since the constitutionality of SARFAESI
Act, 2002 was already upheld in Mardia Chemicals Limited and others Vs. Union
of India and others, (2004) 4 SCC 311, the Division Bench declined to reopen the
said issue as it is impermissible. The court further held that the definition of non
preforming assets under the master circular and the subsequent categorization of
a sub-standard, doubtful or loss asset would not make the provision ultra vires nor
it would make the norms as unconstitutional. The court further observed that while
exercising the power of judicial review, a good deal of latitude is permissible in case
of economic statutes. Thus, the court adopted dignified reluctance.
30. In N.V.Sankaran Alias Gnani v. State of Tamil Nadu, 2013 (1) CTC 686, Sections
2(1), 3, 4, 6 and 7 of The Tamil Nadu Dramatic Performances Act, 1954 and Rule
4 of the Tamil Nadu Dramatic Performances Rules, 1955 were challenged on the
ground that the definition of the term “objectionable performance” as defined in
Section 2(1) of the said Act is too vague to be brought within the restriction of Article
19(2) of the Constitution. This court upheld the said challenge and also held that
the power conferred on the State Government under Section 3 as well as to the
Police Commissioner / District Collectors under Section 4 is too wide and highly
discretionary. Thus, the Court held that these provisions are violative of Articles 14
and 19 of the Constitution.
31. The employees working in religious institutions governed by the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959 made a claim for gratuity under
“The Payment of Gratuity Act, 1972” on the pleading that such a temple / religious
institution is an establishment as defined in The Payment of Gratuity Act. The matter
was dealt with by a Full Bench in E.Gopal v. Arulmigu Dhandayuthapaniswamy
Temple, Palani, 2013 (3) CTC 689, wherein the Full Bench held that Section 1(3)
(b) of The Payment of Gratuity Act, 1972 is applicable to the religious institutions
and that the provisions of the said Act which form a complete Code by itself will
override the provisions of The Tamil Nadu Hindu Religious Institutions (Officers and
Servants) Service Rules, 1964. Accordingly, the Full Bench answered the question
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that the employees of the temples/religious institutions governed by the Tamil Nadu
Hindu Religious and Charitable Endowments Act are entitled for gratuity under The
Payment of Gratuity Act, 1972.
32. The jurisdiction of the Central Administrative Tribunal constituted under The
Administrative Tribunal Act, 1985 to entertain a petition by a non aggrieved against
the selection and appointment of a candidate came up for consideration before a
Division Bench. The petitioner therein, who was in State service, was selected
and appointed to the Indian Administrative Service. That was challenged before the
Central Administrative Tribunal which set aside the selection and appointment. It
was taken before the Division Bench of this court and the Division Bench held that
under Section 19 of the Act, a petition can be filed only by the aggrieved. A person
knocking at the doors of the Tribunal has to satisfy that he has a statutory or a legal
right. Thereafter, the Tribunal has to be satisfied that there has been a breach of
such a legal right. The said breach should be capable of being enforced before
the Tribunal. The respondents must have the corresponding legal duty to remedy
the breach of a legal right of an aggrieved person. Hence, the existence of a legal
right is a condition precedent before the Tribunal decides to invoke its jurisdiction.
[vide D. Jagannathan, IAS, District Collector, Namakkal District v. S. Sattanathan,
Additional Director and others, (2013) 6 CTC 129: (2013) 7 Mad LJ 385].
33. In a challenge to Notification issued under the provisions of Foreign Trade
(Development & Regulation) Act, 1992 read with paragraph 1.2 of the Foreign Trade
Policy, 2009 – 2014, this Court in Sai Graphic Systems v. Commissioner of Customs
[(2012) 6 MLJ 50] categorised “Restricted Category” in import of goods and held
used Digital Multifunction Print and Copying Machines will fall under “Restricted
Category” only prospectively and will not have retrospective effect. This Court, after
having considered the provisions of Foreign Trade (Development and Regulation)
Act, further observed that any imported goods which come under Sub-Clause
2.171(1)(ii) of the Act would fall under “Restricted Category” only after 05.6.2012 –
the date of impugned notification.
34. The Power of High Court to punish for contempt of Company Law Board was in
doubt. A Division Bench of this Court in New Bridge Holdings B.V. v. TTK-LIG
Limited [(2012) 3 CTC 524] (DB) held that the phrase “courts subordinate to it” used
in Section 10 of the Contempt of Courts Act is wide enough to include all courts
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which are judicially subordinate to the High Court even though they are not under
its administrative control under Article 235 of The Constitution of India and thus, the
High Court has power to punish for the contempt of Company Law Board.
35. School dropouts due to various reasons such as poverty, lack of support from the
family, when they grow old realizing the importance of education and to satisfy their
longing for a degree , undergo Under Graduate and Post Graduate courses through
Open University System and with great difficulty they acquire such degrees. Some
of them who applied for the posts included either in Group I or Group II Services
of Tamil Nadu came within the zone of consideration. But, the Tamil Nadu Public
Service Commission, holding that such degrees obtained through Open University
Stream are not equivalent to the degrees obtained by undergoing regular courses
rejected their candidatures. When the aggrieved approached this court in a batch
of writ petitions in P.Raman v. Government of Tamil Nadu, 2014 SCC OnLine Mad
1009 [W.P.No.13054 of 2010, etc., by order dated 21.04.2014], this court held that
the validity of a degree shall not be tested on the anvil of the Government Order,
but the same shall be tested based on the relevant UGC Regulations. The relevant
Regulation framed under Section 26 of the University Grants Commission Act, 1956
is 1985 UGC Regulations and Clause 1 of Regulation 2 of 1985 UGC Regulations
makes it clear that the Open Universities could admit students to the degree course
in the non-formal/distance education mode even if they did not pass +2 examination,
but those students should have passed the entrance test for admission to the degree
course. Taking such a view, this court declared that such graduates are entitled
to be selected for the posts included in Group II services and they should be given
appointment.
36. In exercise of the power conferred on the State Government under Section 23-C
(1) of “The Mines and Minerals (Development and Regulation) Act, 1957, the Tamil
Nadu Government has issued rules known as “The Tamil Nadu Prevention of Illegal
Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011”
with a view to prevent illegal mining, transportation and storage of minerals. It
was argued before this court in Sri Veknataramanaswamhy Blue Metals v. District
Collector, (2014) 5 MLJ 397 that as per the said Rules only for transporting the
minerals, transit pass is required as per the said rules and not for mineral products.
Whether the crushed sand powder, crushed stone powder, crushed stones into
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different sizes would make out as mineral products so as to fall outside the purview
of the requirement of transport? This court has held that the quarried stones that
are simply crushed into different sizes, could not be treated as a new mineral
product, as there is no change in the fundamental nature of the mineral and hence,
for transporting the same from one place to another transit pass is required.
37. Transparency has almost become the hallmark of the day. Now, The Right to
Information Act, 2005 is a way forward. When an information under The Right to
Information Act, 2005, was asked for, from an aided college affiliated to Anna
University, the college negatived the request contending that it is not a public
authority as defined in Section 2(h)(d) of the Act. After having analyzed the scope of
the Act in the light of various judgments, this court in Registrar, Thiyagarajar College
of Engineering v. Registrar, Tamil Nadu Information Commission, (2013) 6 MLJ 669
held that since the college is aided by the Government though it is an autonomous
college, it is a public authority falling within the purview of The Right to Information
Act, 2005.
38. Yes, it discriminates. When the son of a deceased employee seeks employment
on compassionate grounds, it is immaterial whether he is married or not; whereas,
it matters in the case of a female. If the daughter of a deceased employee is
married, the Government takes a stand that she is not entitled for employment
on compassionate grounds. In K.Mahalakshmi v. The Secretary to Government,
Department of Revenue and others, [W.P.No.14341 of 2012 dated 17.04.2014] this
court found that it amounts to a serious violation of fundamental rights under Articles
14, 15 and 16 of The Constitution of India and, accordingly, held that it matters not
that she is married when she is considered for compassionate appointment.
39. In Virudhunagar District Bus Owners Assocaition v. The Government of Tamil Nadu
[W.P.No.6216 and 6217 of 2011 dated 31.10.2014] this court held that any levy of
toll / tax / charge or fee cannot be made except with the authority of law. This Court
has also held that the ratification is bad in law. Similarly, any levy for the first time
cannot be imposed with retrospective effect. The fixation of tax with retrospective
effect is bad unless there is an express provision. Therefore, this court struck down
the notification issued by the Government.
40. When a person, without legal qualification, is permitted to handle legal issues, if a
wrong decision is taken because of ignorance of law, it will end up in a legal case
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and cause revenue loss to the Government. At times, the Courts have also come
across cases, where the claims are being contested only to settle personnel scores,
without any legal basis particularly on settled issues. Time and again, this Court
and the Hon’ble Apex Court have impressed upon the Government Departments to
refrain from contesting or filing appeals in all the cases. When the post of Senior
Superintendent [Legal] was sought to be filled up the Tamil Nadu State Transport
Corporation by appointing a Non Law Graduate candidate, this court held that only
persons with the legal back ground shall be appointed. [vide C.Subramani v. The
Government of Tamil Nadu & others, 2014 WLR 266].
41. The statue of a Versatile cine actor was erected on the middle portion of a road
giving raise to a dispute resulting in a pro bono publico, seeking a direction to the
Government of Tamil Nadu to remove the same in P.N.Srinivasan (deceased) v. The
State of Tamil Nadu (2014(1) CTC 561). A Division Bench of this Court issued a
mandamus to the Government of Tamil Nadu to take decision regarding the removal
of statue in the light of the observation that the statue would affect the traffic flow
and the view of the vehicles passing through Dr.Radhakrishnan Salai.
42. In Arpit Jhnwar v. Kamlesh Jain rep. by its Power of Attorney Agent and Manager
D.Lalit Kumar [2012 - 2 - L.W. (Crl) 57], while interpreting the expression “Company”
in terms of Section 141 of “The Negotiable Instruments Act, 1881”, this court
held that a Hindu Undivided Family [HUF] is not a company and, therefore, the
members of the Hindu Undivided Family are not liable for punishment for the offence
under Section 138 of “The Negotiable Instruments Act, 1881” committed by the
Kartha. At the same time, this court, in M/s.Abraham Memorial Educational Trust
v. C.Suresh Babu, [2012 - 2 - L.W. (Crl.) 196, held that a public charitable trust is a
company in terms of Section 141 of “The Negotiable Instruments Act, 1881”, and
further held that for the offence under Section 138 of “The Negotiable Instruments
Act, 1881” committed by the trust, the trustees, who are actively engaged in the day
to day affairs of the trust are also equally liable. This judgment was confirmed by
the Hon’ble Supreme Court by dismissing the Special Leave Petition in SLP 6763 6764 of 2012 [vide Rajiv Runcie Ebenezer and others v. C.Suresh Babu].
43. Due to the phenomenal increase in the International Arbitrations involving foreign
litigants, foreign law firms and lawyers have started appearing in such proceedings
in India. In A.K.Balaji v. The Government of India, 2012 (2) CTC 1, the question
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whether the practice of legal profession by Foreign Law Firms or any Individual
Foreign Lawyer is illegal and impermissible as per the provisions of The Advocates
Act, 1961 was considered. This court held that Foreign Law Firms or Foreign
Lawyers cannot practice the profession of law in India either on the litigation or nonlitigation side unless they fulfill the requirements of The Advocates Act, 1961 and
the Bar Council of India Rules, however, there is no bar for them to visit India for a
temporary period on a “fly-in and fly-out” basis for the purpose of giving legal advise
to their clients in India relating to law which is applicable to their country.
44. An order granting interim protection, if could be passed by the Insolvency Court
before the order of adjudication is made was in a pale of doubt. A Full Bench of this
Court, in Ramalingam v. Radha, 2011 (3) LW 769 after having considered the earlier
two conflicting views expressed by two different Division Benches in Sinnaswamy
Chettiar v. Aligi Goundan and others [AIR 1924 Madras 893] and Nallagatti Goundan
v. Ramkana Goundan and others [AIR 1925 Madras 170], held that even before the
final adjudication, an Insolvency Court has inherent power to pass interim order of
protection and, of course, such interim order shall be passed depending upon the
facts and circumstances of each individual case and to meet the ends of justice.
45. The distinction between Section 30 and Section 34 of the Arbitration Act, 1940 was
highlighted in Gayathri Balaswamy v. ISG Novasoft Technologies Ltd., Represented
by The Chairman of the Board, 2014 (6) CTC 602 wherein the court held that the
scope of jurisdiction has been suitably reduced and regulated by Section 34 of the
New Act. A further question arose before the court i.e., whether the High Court
could modify or revise or vary the order in an application filed under Section 34 of
the Act. After having referred to the legal position in the international scenario, more
particularly, in Canada, United States of America and Singapore, this Court took a
pro-active view that the High Court has power under Section 34 of The Arbitration
Act to modify or vary the award passed by the Arbitral Tribunal.
46. The principle of “Forum conveniens” if could be applied to a writ jurisdiction and
whether the situs of the trade mark registry in Chennai and the name being on its
register would by itself give rise to cause of action to institute a suit in the Madras
High Court came up for consideration before a Full Bench of this court presided
over by the Chief Justice in M/s.Duro Flex Pvt. Limited, represented by its Managing
Director v. M/s.Duroflex Sittings System, 2014 (6) CTC 577. After having a thorough
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survey of various judgments on this subject, the Full Bench concluded that the fact
that situs of jurisdiction of the Trade Mark Registry at Chennai
by itself would
not be sufficient to give rise to a cause of action to institute the suit in the Madras
High Court, though it may be a factor to be taken into account, among the bundle
of facts, for the purposes of determining the situs of the cause of action. On the
question of “forum conveniens” , the Full Bench held that there is little doubt that the
principles of forum conveniens, though not applicable to civil proceedings, have a
role to play insofar as the consideration of grant of leave or revocation thereof under
Clause 12 of the Letters Patent is concerned. This is irrespective of the fact as to
what expression is used. As observed aforesaid, the balance of convenience is also
forum conveniens. The test applied is of appropriateness or suitability of the forum
which ought to apply, whether it be called forum conveniens or that the jurisdiction
of the Court under Section 20 of the Code of Civil Procedure is different from Clause
12 of the Letters Patent. Thus, the Division Bench expressed the view that the
appropriateness or suitability of the forum would be material for grant of leave or
revocation thereof and to that extent, the principle “forum conveniens” is applicable.
47. In Venkatachalam and others v. Sengoda Gounder and others, 2014 (6) CTC 216,
when a compromise is recorded, in a civil suit under Order XXIII , Rule 1 of CPC,
whether the entire court-fee could be ordered to be refunded to the litigant came
up for consideration. As per Section 69 of The Tamil Nadu Court-Fees and Suits
Valuation Act, 1955, the litigant is entitled to refund of court-fee if the matter is settled
before the Lok Adalat. This court liberally extended the application of Section 69
of the Tamil Nadu Court-Fee and Suits Valuation Act even to the cases settled and
recorded at the appeal stage under Order XXIII of CPC and held that the High
Court invoking its power under Article 226 of the Constitution of India could order for
refund of the entire court-fee to the litigant. This decision will surely take forward the
object of Section 89 of CPC and it could be said to be a pro-active judgment.
48. In Dr.G.Gopalaswamy v. N. Raghavulu Naidu, 2014 (6) CTC 762 when interim
injunction was sought for against the defendant restraining him from publishing or
sending any petition lowering the image of the applicant in the eye of public and
thereby causing harm to the reputation of the applicant pending disposal of the
suit, this court explained the scope of freedom of speech guaranteed under Article
19(1)(a) of the Constitution of India vis a vis allowable restrictions of the said right
and held that the defendant, being a practicing lawyer having a civil dispute with
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the applicant, should not indulge in making such reckless allegations against the
petitioner tending to lower his reputation as the same would offend the fundamental
rights of the applicant. This court further held that granting injunction against the
defendant would squarely fall within the reasonable restriction as allowed under the
Constitution.
49. Earlier the Supreme Court had held the view that Indian Courts would have
jurisdiction to set aside the Foreign Awards. It was overruled by the Supreme Court
in Bharat Aluminium Co. v Kaiser Aluminium Technical Service Inc., 2012 (5) CTC
615 [SC] and following the same, a Division Bench of this Court declined to interfere
with the Foreign Award. This court further held that a settlement agreement arrived
at subsequently in alteration of the earlier agreement would become an integral part
of earlier agreement containing the arbitration clause and, therefore, despite that
settlement, the arbitration clause shall survive. [Vide Adam & Coal Resources Pvt.
Ltd., v. Interbulk Trading SA, rep. by its Authorized Signatory, (2014) 5 CTC 704 :
(2014) 4 LW 833].
50. While dealing with the limitation prescribed in The Carriage by Air Act, 1972, for
filing a suit for damages, this court held that Article 14 of The Limitation Act, being
a general law, is not applicable, as it stands overridden by the provisions of the
Carriage by Air Act. This court also held that the time spent before the District
Consumer Forum under The Consumer Protection Act, 1986, cannot be excluded
while computing the period of limitation. [M/s M.R.F. Limited v. M/s Singapore
Airlines Limited, (2014) 1 LW 921 : (2014) 5 CTC 296]
51. In Eurotherm India Pvt. Ltd. v. Johnson Lifts Pvt. Ltd. (2014) 3 MWN (Civil) 407 :
2014 (5) CTC 41, a suit was filed for specific performance of contract of sale of the
property situated outside the territorial jurisdiction of the court where the suit was
filed. It was contended that it was a suit for land, and, therefore, as per Sections
16 and 20 of CPC, the court lacked jurisdiction. When it was contended by the
suitor that it was only a simple suit for specific performance of contract, the court
pointed out that as per Section 22 and 28 of the Specific Relief Act, possession
could be obtained latter in execution with or without amending the prayer in the
plaint. Accordingly, this court held that a suit for specific performance is a suit for
land and, therefore, the court within whose territorial jurisdiction the suit property lies
alone has jurisdiction to entertain the suit. Similar view was earlier taken by a single
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Judge of this court in T.Ekambaram v. Bhavani Sagari, 2013 -2 - LW 647 : 2013 (3)
CTC 8.
52. Not long ago, several suits filed before the High Court on the original side were
all later on transferred to City Civil Courts consequent upon enhancement of the
pecuniary jurisdiction of the City Civil Courts necessitating the demand for Additional
Court fee to be paid as per the Tamil Nadu Court Fees and Suits Valuation Act, 1955,
which varies from the High Court Fees Rules, 1956. Since there were conflicting
judgments, the matter was before a Full Bench of this Court in Darsana Bai (died)
v. C.Saroja, 2014 (1)CTC 673. Having noticed the anomalies existing between the
High Court Fees Rules, 1956 and the Tamil Nadu Court Fees and Suits Valuation Act,
1955 in the matter of payment of court fee, the Full Bench suggested for necessary
amendment in the High Court Fees Rules, 1956 in tune with the Tamil Nadu Court
Fees and Suits Valuation Act, 1955 so as to avoid filing of frivolous cases before
the original side of the High Court by inflating the value of the claims. The Court,
eventually, held that there is no need to pay additional court fee when the suits
are transferred from original side of the High Court to the City Civil Court due to
change of pecuniary jurisdiction. But, when the suits are transferred by an order of
the Court, additional court fee has to be paid as per the Tamil Nadu Court Fees and
Suits Valuation Act. The Full Bench also held that Court fee payable under Section
52 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 is the court fees that
would have been payable if the suit had been filed in the court which passed the
decree. The phrase, “first instance” as enshrined in Section 52 of the Tamil Nadu
Court Fees and Suits Valuation Act, 1955 means only the Court which passed the
decree and not the Court in which the suit was filed.
53. An Advocate of Madurai Bench of Madras High Court filed a pro bono publico
complaining about the excessive interest charged by non banking financial
companies. [vide Ar. Jayarhuthran v. Union of India, W.P.No.14627 of 2012 dated
14.11.2014]. In that case, this court observed that the rate of interest to be charged
by the company is governed by the terms and conditions of the loan agreement
entered into between the borrower and the NBFCs. However, in order to ensure
transparency in such matters, the NBFCs have been advised by RBI to adopt a
Fair Practices Code, with the approval of their Boards. The NBFCs have also been
advised to lay down appropriate internal principles and procedures in determining
interest rates and processing and other charges. This court finally held that though
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interest rates are not regulated by the Bank, rates of interest beyond a certain level
may be seen to be excessive and can neither be sustainable nor be conforming to the
normal financial practice and accordingly advised NBFCs to lay down appropriate
internal principles and procedures in determining interest rates and processing and
other charges.
54. The scope of Section 149 of CPC was reiterated by this court in Parasuraman v.
Kadhirvel [C.R.P. (PD) No.3222 of 2012 dated 22.07.2014]. In that case, a plaint,
which was returned for certain defects for not having paid the sufficient court-fees
was not represented within fifteen days prescribed in the return order and instead,
it was represented with a delay of 2001 days. An interlocutory application was
filed under Section 149 of CPC to condone the said delay in representation. The
order allowing the said interlocutory application was challenged before this court
under Article 227 of The Constitution of India. This court, after having referred to a
number of judgments of the Supreme Court, held that Section 149 of CPC is only in
respect of deficit of court-fees and the same has got nothing to do with the delay in
representation of the plaint itself. Distinguishing these two aspects, the court held
that representation of the plaint after 2001 days of delay was barred by time and
accordingly, set aside the order of the trial court.
55. The Doctrine of “Marz-ul-maut” relating to a will allegedly executed by a Mohammedan
came to be dealt with by this court in M.Abdul Hassan v. A.Maimoonamal, (2014) 2
MLJ 449. This court held that if it is pleaded that a Will is affected by the doctrine
of marz-ul-maut, when the execution of the document is admitted and the mental
capacity of the executor is also admitted then the only question to be considered
is whether the executant was under the pressure of death or in contemplation of
death. This court further held that the plea that the executant was not in a sound
disposing state of mind, to execute the Will and the plea that the will was affected by
the doctrine of “Marz-ul-maut” are mutually contradictory.
56. In Pushpa v. K.H.Raviendrran [(2012) 6 MLJ 368], this court has held that a widow
who gets a property from the estate of her husband as his legal heir under the
Hindu Succession Act, 1956 gets it as an absolute asset and such vested property
shall not be divested because of her re-marriage. In a suit for partition filed by
the son against his father and three sisters, this Court in K.M.Thangavel vs. K.T.
Udayakumar [2014 (2) CTC 113], considering the various provisions of the Hindu
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Succession Act, 1956 after the Hindu Succession (Amendment) Act, 2005 held that
when a person having an interest in a property of Joint Family governed by Hindu
Mitakshara Law had died before the commencement of the Amendment Act, 2005,
the succession to his interest would have opened on his death. In Arunagiri v. Ayyar
Muthuraja and others, 2014 (1) CTC 73, a Division Bench of this Court dealt with the
cope of Sections 8 and 15 of The Hindu Succession Act, 1956 after the Amendment
Act, 2005. This court held that the property allotted in a partition to a Hindu male
shall be his absolute property over which his sons and daughters shall not have any
right to demand for partition during his life time.
57. Dr. Meera Thinakaran v. State of Tamil Nadu and others [(2012) 2 CTC 759] was a
case where the property was brought for sale under the public auction by the Recovery
Officer attached to Debt Recovery Tribunal, and a Sale Certificate was issued as
provided in Rule 65 of the II Schedule to the Income Tax Act. A question arose,
as to whether stamp duty as per Article 23 of the Indian Stamp Act and surcharge
under Section 116-A of the Tamil Nadu District Municipalities Act should be paid for
registration of the same. This Court, considering various provisions of the Acts and
following the decision of the Hon’ble Apex Court in Municipal Corporation of Delhi v.
Pramod Kumar, held that the provisions of the Tamil Nadu District Municipalities Act,
1920 and Delhi Municipal Corporation Act, 1967 are in pari materia and as such, the
same would be applicable to matters under Section 116-A of the Tamil Nadu Act.
This Court also held that the Recovery Officer under the Recovery of Debts due to
Banks and Financial Institutions Act will fall within the meaning of a Revenue Officer
under Article 18 of the Indian Stamp Act and Certificate of Sale issued by him will
fall within the said provision and so registration is purely optional in respect of such
Certificate issued by the Recovery Officer. Thus, this court held that stamp duty is
to be paid as per Article 18 of the Stamp Act and it is not liable for any subcharge.
58. In Bajaj Alianz General Insurance Co. Ltd., v. C.Ramesh, 2013 (1) TN MAC 325,
the scope of personal accident cover policy was considered. This court held that
Contract of Insurance under the Personal Accident Cover is direct and personal
and it is between the insured and the Insurer, and unlike the claim by the third
parties, the question of indemnifying the insured to pay compensation, on his behalf
to third parties, does not arise. As Personal Accident Cover Policy is intended
for the personal risks of the owner-cum-driver, in the event of injury or death, the
Insurance Company is obligated to pay compensation, directly to the owner-cum-
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driver or the Legal Representatives, as the case may be. Therefore, the principles
of law applicable to third party claims, cannot be made applicable, when there is a
Personal Accident Cover Policy and that the insured, owner-cum-driver or the Legal
Representatives, as the case may be, are entitled to receive compensation, if the
terms and conditions of the Policy, are satisfied and when he has not suffered any
disqualification.
59. “Contributory infringement” or “Ancillary infringement” - “Will it also amount to
infringement of The Trade Marks Act, 1999 in terms of Section 28 of the Act or not?”.
This came to be considered by this Court in Concim Info. Pvt. Ltd., v. Google India
Pvt. Ltd., and others 2012 – 5 LW – 1. In the field of internet , a search engine is an
information retrieval system designed to help find information stored on a system.
When one enters into the net and goes to a search engine, the first page that opens
up on the screen of the computer is the “Home Page”. The home page contains a
box in which, the person making the search has to type the key words or the search
terms. Just below the box, two options will be indicated. One is an open search
option, which is actually a wild search. Another is a limited search option, indicated
by the phraseology “I’m feeling lucky”. The moment one clicks the keyword in the
open search option, two types of results are thrown open. The results that appear
on the left hand side are known as “organic results” and those that appear on the
right hand side are known as “sponsored links”. The information provided on the
left hand side as natural or organic results, is excavated by the search engine from
out of a mine field of data stored in its web pages. When a dispute arose alleging
infringement of trade marks by advertisements posted in the search engines, the
search engine took a plea that he is not responsible for any trade marks infringement
by the advertiser. This court held that the advertiser is liable for infringement of
trade marks. The search engine [Google] is also liable as its act would amount to
contributory infringement or ancillary infringement.
60. The “Doctrine of Thrown Away Votes?” was elaborately dealt with in a Panchayat
Election Petition. The election of the returned candidate was challenged on the
ground of disqualification suffered by him. This court set aside the election of the
returned candidate since he was so disqualified holding that his nomination should
have been rejected by the Returning Officer. This court, however, declined to declare
the next candidate in line as elected for if there are only two candidates in the fray,
had the returning officer had rejected the nomination of the candidate who has won
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the election, the next candidate alone would have been in the fray and in such an
event, he would have been elected unopposed and therefore, the said candidate
should be declared as elected applying the doctrine, which is known as “Thrown
Away Votes”. This court further held that the said doctrine cannot be applied when
there are a number of candidates and when the difference in votes between the
candidates is very marginal. The court further clarified that it cannot be presumed
that the electors who voted for the disqualified returned candidate would have voted
for the next candidate or for all the other candidates and therefore, the doctrine of
thrown away votes cannot be applied when there are more than two candidates.
[Vide G.Velmurugan v. Soundaravalli and others, 2014 (5) CTC 304].
61. The proceedings conducted by the Juvenile Justice Board in gross violation of the
provisions of The Juvenile Justice [Care and Protection of Children] Act, 2000,
The Juvenile Justice [Care and Protection of Children] Rules, 2007 and The Tamil
Nadu Juvenile Justice [Care and Protection of Children] Rules, 2001 was quashed
by this court in Idukkan v. The Inspector of Police, B-2, Esplanade Police Station,
Chennai [2012 - 2 - L.W. (Crl.) 121 and this Court issued various guidelines for the
investigation, custody of juveniles in conflict with law and conduct of the proceedings
before the Juvenile Justice Board.
62. The question whether a Chief Judicial Magistrates has got power to pass order
for taking possession under Section 14 of The Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002 [in short,
“SARFAESI”] was referred to a Full Bench of this Court in K.Arockiyaraj v. The
Chief Judicial Magistrate, Srivilliputhur, Virudhunagar District, in which, 2013 - 4
- L.W. 485 wherein the Full Bench held that such power is vested only with Chief
Metropolitan Magistrate [CMM] in Metropolitan Areas and District Magistrates
[Executive Magistrates] in other areas and that the Chief Judicial Magistrates [CJMs]
have no power at all to pass such orders.
63. Whether there is any prohibition or not for the court to order the default sentence of
imprisonment imposed for the non payment of fine amount also to run concurrently
was answered by a Division Bench of this Court in Donatus Tony Ikwansui, 2013
(2) CTC 1. After having extensively dealt with Sections 31 and 427 of Cr.P.C. and
Section 64 of IPC, the Full Bench held that the default sentence imposed by a
criminal court cannot be ordered to run concurrently with the substantive sentence.
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64. The scope of “Innocent passage” clause recognized by Articles 18 and 19 of the
United Nations Convention on the Law of the Sea (UNCLOS) (1982) was dealt
with by the Madurai Bench of this Court in Mariya Anton Vijaya v. The State) (2014
(2) L.W (Crl.) 545). Factually speaking, a ship was found anchored within the
territorial Waters of India with arms. The arms were brought from United Kingdom.
A case was registered under the Arms Act (1959) and the Essential Commodities
Act (1955). The owner, the Captain and the Crew of the Ship were all prosecuted.
Some accused who supplied food and diesel to them from Indian soil were also
prosecuted along with them. The accused moved the Madurai Bench for quashing
the case. The Court dealt with the Territorial Waters, Continental Shelf, Exclusive
Economic Zone and other Maritime Zones Act (1976) together with Articles 18
and 19 of (UNCLOS) (1982) and found that the vessel had the “Right of innocent
passage” and accordingly, held that there was no offence committed under Section
27(1)(a) to (d) of the Arms Act. The Court also found that only the Captain and yet
another Indian were liable to be prosecuted, that too, under Section 7(1)(a)(ii) of
the Essential Commodities Act for having violated The Motor Spirit and High Speed
Diesel [Regulation of Supply, Distribution and Prevention of Malpractices] Order,
2005.
65. An young girl was attempted to be sexually exploited by her own father and in order
to protect her modesty, she used a weapon which became handy to her and killed
him. When she was prosecuted for an offence under Section 304(ii) of IPC, this
court quashed the proceedings holding that the right of private defence of body
which extends to cause the death is not a matter to be gone into only at the time of
trial, but, at the time of investigation as well. This court felt that allowing the girl to
undergo the ordeal of trial would amount to violation of her human rights. Thus, this
court protected the dignity of the girl. [vide Anuj Jermi , 2012 (3) MWN (Crl) 161:
2012 (5) CTC 433].
66. Unreasonable boycotts of courts by the Advocates have been declared as illegal.
But, in practice , it happens frequently in this State. Advocates of both sexes,
become victims of crime and when they come to the Court for giving evidence for the
prosecution, can the Judge send them away on the score that the defence counsel
is not present? The answer is an emphatic ‘No’. What applies to lawyers should
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apply to others too. If a Judge records evidence in chief even without ascertaining
whether the accused had engaged a counsel or not, then the issue takes a different
form and the trial Court can be faulted if it is found that the accused had not even
engaged a counsel. But, this will not be violative of Article 21 of the Constitution
of India which mandates that the accused should have fair trial and that the trial
court cannot record the examination-in-chief of witnesses who are in attendance, in
the absence of defence counsel, even when there is boycott of Courts. A Division
Bench of this court in Yuvaraj v. State, 2014 (6) CTC 653 has further held that these
aspects are left to the best discretion of the trial Court Judges, who will bear in mind
the rights of the accused and the victim and would use their discretion judiciously.
67. In Thangaraj @ Thamilarasan v. State of The Deputy Superintendent of Police,
Q-Branch CID, Ramanathapuram Range [Crl.R.C.No.370 of 2014 dated 02.09.2014],
in respect of offences triable in accordance with The Unlawful Activities (Prevention)
Act, 1967 , a question arose as to whether a Judicial Magistrate has got power
to extend the remand of the accused beyond ninety days. This court held that a
comparison of the provisions of the Unlawful Activities (Prevention) Act, 1967 and
the Code of Criminal Procedure, 1973 will make it clear that the legislature intended
to make a distinction between “Magistrate” referred to in Section 167(2) of the Code
of Criminal Procedure and the Unlawful Activities (Prevention) Act, 1967. This court
held that the term “Court” as dealt with under the Unlawful Activities (Prevention) Act,
1967 does not mean that it will always mean Sessions Court. The “Court” means
the Court which does have the power to try the particular offence alleged. Suppose,
all the offences alleged under the Special enactments are triable by a Court of
Magistrate, then, the term “Court” will, no doubt, be a court of Judicial Magistrate
and in such a case alone, the Judicial Magistrate shall have the power to extend the
period of remand beyond 90 days, as per Section 167(2) Cr.P.C. as amended by the
proviso to Sub Section 2(b) of Section 43-D of the Unlawful Activities (Prevention)
Act, 1967. The court eventually held that since some of the offences in that case were
triable either exclusively by a Court of Session or a Special Court to be constituted
under The National Investigating Agency Act, 2008 , the remand was wholly without
jurisdiction and accordingly, set the accused at liberty.
68. Missing persons and unclaimed bodies are posing real challenge to traditional
policing in the State. The plight of the kith and kin of missing persons was taken note
of by the Supreme Court in Horilal vs. Commissioner of Police, Delhi [vide W.P.(Crl.)
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No.610 of 1996 dated 14.11.2002] wherein the Supreme Court has issued certain
directions to the police as to how to conduct themselves. The Director General of
Police, Government of Tamil Nadu, has also issued necessary instructions based
on the above observations to streamline the cases relating to missing persons and
also another circular in respect of the disposal of the unidentified dead bodies.
The mortuaries in Government Hospitals are often congested as Post-mortem of
unidentified bodies could not be done as preference is always given to serious cases
such as murder, accident, etc. In Pensiliya v. The Commissioner of Police , 2014
- 2 - L.W. (Crl) 628, having taken note of the above serious situation, taking clue
from the order passed by the Government of Karnataka, this court suggested to the
Government of Tamil Nadu to explore the feasibility of permitting Private Medical
College Hospitals to perform autopsies and also suggested to the Railway Board to
issue directions to the Station Masters to disburse at least a sum of Rs.5,000/- to
the Railway Police for disposal of unclaimed bodies found in Railway tracks. This
court further directed that when any unidentified body is found, the Police should
register First Information Report [FIR] under Section 174 of the Code and follow
the Circulars issued and to make a specific request to the Post-mortem Doctor to
determine the age and also collect the Femur Bone and Molar Tooth and hand them
over to them for safe custody for DNA profiling.
69. Prior to 25.12.1983, under the Code of Criminal Procedure, 1973, the inquiry by
an Executive Magistrate into the cause of death was not extended to the death of
a person while in the custody of the police. After the Amendment Act 46 of 1983,
the inquiry by an Executive Magistrate into the cause of death of a person while
in the custody of the police was also covered. Again, the Code was amended by
Amendment Act 25 of 2005 by which, the opening words “when any person dies
while in the custody of the police” were omitted. However, such power was given
to a Judicial Magistrate by inserting sub-section 1A to Section 176 of the Code. The
inquiry under Section 176(1A) of the Code by a jurisdictional Judicial Magistrate is a
magisterial inquiry. But, what should be done on concluding the inquiry is not stated
in the Code. This resulted in great confusion in the minds of the Judicial Magistrates.
This was settled by this court in R.Kasthuri v. State of Tamil Nadu, 2015 (1) MLJ
(Crl) 455 wherein this court held that inquiry under Section 176(1A) of the Code is
in addition to the investigation by the police and, therefore, police shall not stop
conducting investigation despite the inquiry being held by the Judicial Magistrate.
The Statements of witnesses and the report of the Judicial magistrate shall form part
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of the court records and the same could be used by the prosecution or the accused
during trial.
70. In a pathbreaking judgment in P.Visalakshmiamma v. The Director of Schools
Higher Education , 2014 (2) CWC 1, after referring to Section 2 (f) of The Protection
of Women from Domestic Violence Act, 2005, this court held that the purpose of
enacting such a law is only to make way for maintenance for not only to a legally
wedded wife but also to a second wife or a concubine. The concept of paying
pension to the family members is to enable them to lead a decent life after the life
time of the deceased / pensioner. Considering the plight of the woman, who had
live in relationship with the deceased employee / pensioner, this court directed half
of the family pension to be paid to such a woman.
Self audit and introspection is the hallmark of every organic institution without which
atrophy would befall. Madras High Court is no exception to this natural law. In the words of
Justice H.R.Khanna, “Law knows of no finer hour than when it cuts through formal concepts
and transitory emotions to come to the rescue of the oppressed, but unpopular citizen.” The
Madras High Court has the unique distinction of having in its campus a Light House for the
guidance of lost seafarers. Though the Light House has become dysfunctional now, yet the
High Court continues to serve as a beacon of light for those in quest of justice. Though we
do not like to end our journey with this, we are constrained by paucity of space. We hope that
the readers would find the other judgments at the click of a button in the computer to reach
the High Court’s website – Legal light house.
Madras High Court
64
Madras High Court
R e p ort 2011-2014
Part B
67
Madras High Court
Re p o rt 2011- 2 0 1 4
From the Desk of the Registrar General
The Madras High Court is one of the oldest High Courts in the country, with a historic background.
It is indeed an opportunity of a lifetime to head the Registry of this magnificent institution.
The Registry forms the backbone of this institution and it is the Engine Room where the plans
chalked out by the Hon’ble Judges are executed at the ground level. The Officers and Staff Members
of the Registry are an invaluable asset for the institution and they are renowned for their dedication
and sincerity to duty.
Under the dynamic leadership of our Hon’ble the Chief Justice, this Court has embarked upon
an arduous journey of providing succor to the teeming millions of litigants who throng this Temple
of Justice. Under the guidance of His Lordship, ably assisted by the Honourable Judges, our High
Court has been successful in disposing of nearly 8.98 lakhs cases during the period 2011 to 2014.
The Hon’ble Chief Justice has been very keen in getting long pending old cases disposed of at
the earliest, and towards this direction the Registry has taken steps on a war footing to cull out such
cases and getting them listed before their Lordships for disposal, and one full day in a week has been
earmarked for this purpose. The Registry has issued Circulars to Courts at the Subordinate level
to emulate this task, making it clear that such efforts would be rewarded in the form of credit points.
Similar steps have been taken with regard to cases concerning vulnerable sections of the society like
women, children, senior citizens and differently-abled both at the High Court and the Subordinate
Courts level.
In order to give shape to the vision of the Hon’ble Chief Justice on full computerization, the
High Court has undertaken various measures like installing a brand new Case Information Display
System across the High Court; reinvigorating the Madras High Court Website with new features;
uploading all Judgments and Daily Orders on the website; offering SMS facility to advocates on case
status; connecting High Court with all subordinate courts via Video Conferencing etc. To dispel the
impression that the Court is a complex maze of buildings and procedures, Signage Boards have been
erected at vantage points and Touch Screen Information Kiosks have also been put up. Digitization
of case records is a dream of the Hon’ble Chief Justice and all out efforts are being made to fulfill it.
Creating and upgrading infrastructure has been an area of prime concern of His Lordship and
in that direction, five new buildings have been inaugurated, meant for Auditorium, Museum, Law
Officers’ Chambers, Advocates’ Canteen and Police Control Room. A Comprehensive Security
System providing security cover and regulating vehicular movement inside the High Court premises,
has been introduced. Care is also being taken to provide a congenial working atmosphere to all
stakeholders. Various staff welfare measures are also being introduced like the Biometric Security
System, Web Payroll System, Personnel Information System and the like.
The High Court Arbitration Centre, which has been the brain-child of the Hon’ble Chief Justice,
has been made functional after being recently inaugurated by the Hon’ble Chief Justice of India.
Along with the High Court Mediation & Conciliation Centre, which is already spearheading the ADR
movement in the country, the High Court Arbitration Centre would take care of the ADR mechanism
in the Madras High Court.
Any institution without the adequate manpower cannot achieve the desired results it sets out to.
On account of the initiative taken by the Hon’ble Chief Justice and the Committee of Hon’ble Judges,
all the vacancies of Judicial Officers are being filled up.
All these are a result of the tireless efforts and the valuable inputs by the Hon’ble Chief Justice
and various Committees of Hon’ble Judges constituted for such purposes and the committed efforts
put in by the Officers and Staff Members of the Registry.
P. Kalaiyarasan
Madras High Court
68
R e p ort 2011-2014
Registrar General And Other Registrars Of Madras High Court Including
Madurai Bench As On 31-12-2014
Mr. P.Kalaiyarasan,
Registrar General, High Court of Madras.
Mr. T.Ravindran,
Registrar (Judicial)
High Court of Madras
Mr. C.V.Karthikeyan,
Registrar (Vigilance)
Mr. V. Vijayan,
Registrar (Administration)
Mr. C.Kumarappan,
Officer on Special Duty
in the Cadre of District Judge
(IT-cum-Statistics) High Court of Madras
Mr. M.Jothiraman,
Registrar (Administration),
Madurai Bench of
Madras High Court, Madurai
Mrs. K. Indumathi,
Registrar (Management)
69
Madras High Court
Re p o rt 2011- 2 0 1 4
Mr. B. Hari,
Registrar-cum-Private Secretary to the
Hon’ble The Chief Justice
Mr. T.Venkattakrishnan,
Registrar (Judicial)
Madurai Bench of
Madras High Court, Madurai
Madras High Court
Mr. V. Nallasenapathy,
Official Assignee
Mr. P.Vadamalai,
in the Cadre of District Judge
(District Judiciary) High Court of Madras
Mr. T.Chandrasekaran,
Additional Registrar (Vigilance)
70
R e p ort 2011-2014
SANCTIONED AND WORKING STRENGTH OF OFFICERS OF
MADRAS HIGH COURT AS ON 31.12.2014
Principal Seat
Madurai Bench
Total
Sanctioned Working
Name of the Post
Sanctioned Working
Vacancy
Vacancy
Vacancy
Strength Strength
Strength Strength
REGISTRAR GENERAL
1
1
REGISTRAR
8
8
2
2
2
MASTER
1
1
JOINT REGISTRAR
4
4
DEPUTY OFFICIAL
1
1
ASSIGNEE
DEPUTY REGISTRAR
12
12
5
5
ASSISTANT REGISTRAR
22
22
11
11
Court Manager
2
1
CHIEF ACCOUNTS OFFICER
1
1
ASSISTANT EDITOR,
2
2
TAMIL LAW JOURNAL
SUB ASSISTANT REGISTRAR
17
14
3
8
4
4
7
LIBRARIAN
1
1
1
1
ACCOUNTS OFFICER
1
1
TOTAL
70
71
3
28
25
4
7
Sl.
No
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
STAFF STRENGTH OF THE MADRAS HIGH COURT
(N0N-GAZETTED ESTABLISHMENT) AS ON 31.12.2014
Sl.
No
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Principal Seat
Madurai Bench
Total
Sanctioned Working
Sanctioned Working
Vacancy
Vacancy Vacancy
Strength Strength
Strength Strength
INTERPRETER
5
5
0
0
0
0
0
CO / SO / AE
189
187
2
66
63
3
5
P.S. TO HON'BLE CJ
1
0
1
0
0
0
1
P.A. TO THE HON'BLE JUDGES
163
117
46
48
36
12
58
P.S. TO REGR. GENERAL
1
1
0
0
0
0
0
TECHNICAL ASSISTANT
4
4
0
2
2
0
0
ASST. SECTION OFFICER
267
266
1
75
75
0
1
PERSONAL ASSISTANT
7
1
6
2
0
2
8
PERSONAL CLERK
2
2
0
0
0
0
0
SENIOR TYPIST
22
22
0
3
3
0
0
COMPUTER OPERATOR
40
23
17
25
14
11
28
ASSISTANT
159
124
35
60
55
5
40
TYPIST
128
24
104
55
17
38
142
TELEPHONE OPERATOR
1
1
0
0
0
0
0
READER / EXAMINER
55
54
1
24
22
2
3
XEROX OPERATOR
4
4
0
3
3
0
0
OVERSEER
1
1
0
1
1
0
0
71
Name of the Post
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.
No
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Name of the Post
HEAD BAILIFF
SERGEANT
DRIVER
JUNIOR BAILIFF
COURT KEEPER
JAMEDAR
GOLLAH
BINDER
RECORD ASSISTANT
RECORD CLERK
LIFT OPERATOR
DUFFADAR
WATCH & WARD
OFFICE ASSISTANT
SWEEPER
SCAVENGER
GARDENER
WATERMAN
Principal Seat
Madurai Bench
Total
Sanctioned Working
Sanctioned Working
Vacancy
Vacancy Vacancy
Strength Strength
Strength Strength
1
1
80
24
2
1
1
7
10
62
8
7
50
373
32
11
15
1
1
1
80
22
2
1
1
7
10
62
8
7
48
356
32
7
13
1
0
0
0
2
0
0
0
0
0
0
0
0
2
17
0
4
2
0
1
1
25
7
2
1
1
3
4
15
3
4
36
120
15
12
13
1
1
1
25
6
2
1
1
3
4
14
3
4
29
117
15
12
13
1
0
0
0
1
0
0
0
0
0
1
0
0
7
3
0
0
0
0
0
0
0
3
0
0
0
0
0
1
0
0
9
20
0
4
2
0
RECRUITMENT IN RESPECT OF Staff Members in
Madras High Court Service
Sl.
No.
1
2
3
4
5
Name of the Post
P.A.TO THE HON’BLE JUDGES
PERSONAL ASSistant
COMPUTER OPERATOR
ASSISTANT
TYPIST
Addressed to
TNPSC
56
7
28
37
139
Vacancy as
on 31.12.2014
58
9
28
41
143
The Tamil Nadu Public Service Commission was entrusted to take steps to fill up the
posts on behalf of High Court Madras and the process of recruitment is underway.
Madras High Court
72
R e p ort 2011-2014
Sanctioned and Working strength of District Judiciary in the
State of Tamil Nadu
As on 31.12.2011:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
122
101
21
Additional District Judge, Fast
Track Court on Ad-hoc basis
49
43
6
Senior Civil Judge
211
201
10
Civil Judge
479
405
74
As on 31.12.2012:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
172
141
31
Senior Civil Judge
214
214
NIL
Civil Judge
513
512
1
As on 31.12.2013:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
199
164
35
Senior Civil Judge
233
229
4
Civil Judge
540
480
60
As on 31.12.2014:
Cadre
73
Sanctioned Working
Vacancy
Strength
Strength
District Judge
214
214
Nil
Senior Civil Judge
240
193
47
Civil Judge
543
469
74
Madras High Court
Re p o rt 2011- 2 0 1 4
Sanctioned and Working strength of District Judiciary in the
Union Territory of Puducherry
As on 31.12.2011:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
6
5
1
Senior Civil Judge
6
6
Nil
Civil Judge
8
2
6
As on 31.12.2012:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
7
6
1
Senior Civil Judge
6
6
Nil
Civil Judge
8
Nil
8
As on 31.12.2013:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
7
5
2
Senior Civil Judge
6
6
Nil
Civil Judge
8
Nil
8
As on 31.12.2014:
Cadre
Sanctioned Working
Vacancy
Strength
Strength
District Judge
7
7
Nil
Senior Civil Judge
6
3
3
Civil Judge
8
Nil
8
Madras High Court
74
R e p ort 2011-2014
RECRUITMENT OF JUDICIAL OFFICERS IN THE
TAMIL NADU STATE JUDICIAL SERVICE
1. During 2012, recruitment was made to 178 Civil Judges in the Tamil Nadu State Judicial
Service, for the vacancies arose between the period 2009 and 2012.
2. 23 District Judges (Entry Level) were recruited by Direct Recruitment during the month
of March 2014.
3. Steps have been taken to fill up the 162 vacancies in the cadre of Civil Judge by
direct recruitment in the Tamil Nadu State Judicial Service. The Tamil Nadu Public
Service Commission, Chennai, conducted the Written examination on 01.11.2014 and
02.11.2014. The results of the aforesaid examination are awaited (as on 31-12-2014).
RECRUITMENT OF JUDICIAL OFFICERS IN THE
PUDUCHERRY JUDICIAL SERVICE
Steps have been taken to fill up the 8 vacancies in the cadre of Civil Judge by direct
recruitment in the Puducherry Judicial Service. The High Court of Madras has conducted the
Written examination and the results of the aforesaid examination are awaited.
75
Madras High Court
Re p o rt 2011- 2 0 1 4
JURISDICTION
PRINCIPAL SEAT OF MADRAS HIGH COURT (19 Districts
of Tamil Nadu & Union Territory of Puduchery)
Tiruvallur
Chennai
Vellore
Kanchipuram
Krishnagiri
Tiruvannamalai
Dharmapuri
Viluppuram
Puducherry
Salem
Nilgiris
Cuddalore
Erode
Namakkal
Perambalur
Ariyalur
Coimbatore
Nagapattinam
Tiruchirappalli
Karur
Tirupur
Thanjavur
Dindigul
Theni
Madurai
Tiruvarur
Pudukkottai
Sivaganga
Virudhunagar
Ramanathapuram
Thoothukudi
Tirunelveli
MADURAI BENCH OF MADRAS HIGH COURT,
MADURAI (13 Districts)
Kanyakumari
Madras High Court
76
R e p ort 2011-2014
STATISTICS
Institution and Disposal of cases for the years 2011, 2012, 2013 & upto June 2014
include both Main and Miscellaneous cases in all categories. As per the Direction of the
present Hon’ble The Chief Justice of the High Court of Madras, the Registry is taking into
consideration only the Main Cases in all Categories for the purpose of Institution and as
well as Disposal.
For the year 2014 (From July 2014 to December 2014) 69,202 main cases (both Civil and
Criminal) were disposed out of 3,32,771 cases
Statement Showing Institution, Disposal And Pendency Of Civil &
Criminal Cases Of Pricipal Seat Of High Court Of Madras And
Madurai Bench Of Madras High Court Madurai
Civil cases
Criminal cases
Total
pendency
of civil and
criminal
Institution Disposal Pendency Opening Institution Disposal Pendency
cases at
the end of
the year
Sl.
No.
Year
1
2011
401377
185401
170942
415836
46791
80934
69825
57900
473736
2
2012
415836
190225
168992
437069
57900
82613
77208
63305
500374
3
2013
437069
197048
143734
490383
63305
91874
88083
67096
557479
4
2014
(Jan to
June)
490383
97038
71616
515805
67096
45125
38469
73752
589557
2014
(July to
Dec)
220215
44175
35476
228914
35599
32782
33726
34655
263569
Opening
Note(i) Statement showing the institution, disposal and pendency including main and miscellaneous cases
upto June 2014
(ii) As per direction of Hon’ble Administrative Committee dt. 10.11.2014, from July, 2014 onwards main
cases (Civil & Criminal) alone taken into account for institution, disposal and pendency of cases.
77
Madras High Court
Re p o rt 2011- 2 0 1 4
Statement Showing Institution, Disposal And Pendency Of Civil & Criminal Cases Of
Subordinate Courts In The State Of Tamil Nadu
Civil cases
Sl.
No.
Year
Opening
Criminal cases
Total
pendency
of civil and
criminal
cases at
the end of
the year
929156
963700
715702
491124
669013
692590
467547
1183249
1
2011
750246
2
2012
715702
921450
858516
778636
467547
627654
641368
453833
1232469
3
2013
778636
969355
904787
843204
453833
930547
939269
445111
1288315
4
2014
(Jan To
June)
843204
467120
439193
871131
445111
595823
596392
444542
1315673
2014
(July To
Dec)
572923
197880
156051
614752
444542
736951
757425
424068
1038820
upto June 2014
Statement Showing Institution, Disposal And Pendency Of Civil & Criminal Cases Of
Subordinate Courts In The Union Territory Of Puducherry
Civil cases
Criminal cases
Total
pendency
of civil and
criminal
cases at
the end of
the year
17786
18729
13490
11393
26779
24957
13215
26705
Sl.
No.
Year
1
2011
14433
2
2012
13490
18965
17969
14486
13215
17170
15930
14455
28941
3
2013
14486
18512
15885
17113
14455
15775
16594
13636
30749
4
2014
(Jan to
June)
17113
8783
7852
18044
13636
7803
7179
14260
32304
2014
(July to
Dec)
11692
6328
5768
12252
14260
10639
12720
12179
24431
Opening
upto June 2014
Madras High Court
78
R e p ort 2011-2014
CONSTITUTION OF COURTS
Courts sanctioned by the Government and Constituted
Between 2011 and 2014
Sl.No.
1.
2.
3.
4.
5.
6.
79
Name of the
District
Ariyalur
Chennai
Coimbatore
Cuddalore
Dharmapuri
Dindigul
No. of
Courts
1
Date of
inauguration
24.9.2011
One Fast Track Mahila Court at Ariyalur in the cadre
of District Judge at Ariyalur
1
3.8.2013
Special Court for trial of cases under Prevention of
Corruption Act at Chennai
1
13.10.2011
2 Fast Track Courts at Magisterial Level at Chennai
in Egmore unit.
2
12.3.2012
Fast Track Courts at Magisterial Level at Chennai in
Saidapet unit.
1
14.3.2012
Two Special Court (Court of Small Causes) in the
cadre of Sub Judge to deal with MCOP cases at
Chennai
2
9.4.2013
Fast Track Court (Magisterial level) at Chennai
1
9.4.2013
Special Court for Land Grabbing cases at Chennai in
George Town unit.
2
9.4.2013
Two Fast Track Courts Magisterial level at
Coimbatore
2
13.8.2011
Special Court for trial of cases under Prevention of
Corruption Act at Coimbatore
1
13.8.2011
Special Court for Land Grabbing cases at
Coimbatore.
1
22.7.2012
Special Court to deal with MCOP cases at
Coimbatore
1
22.7.2012
Additional Mahila court (in the cadre of Judicial
Magistrate) at Coimbatore
1
13.3.2013
One Special Court (in the cadre of Sub Judge) to
deal with LAOP cases and one Special Court in the
cadre of Sub Judge) to deal with MCOP cases at
Cuddalore
2
2.3.2013
Magistrate) at Cuddalore.
1
13.7.2013
Special Court for Land Grabbing Cases at Cuddalore
1
30.12.2013
Fast Track Court Magisterial level at Dharmapuri
1
21.8.2011
Special Court for Land Grabbing Cases at
Dharmapuri
1
20.8.2013
One Fast Track Mahila Court at Dharmapuri in the
cadre of District Judge at Dharmapuri
1
20.8.2013
One Special Court (in the cadre of District Judge)
and one Special Court in the cadre of Sub Judge to
deal with MCOP cases at Dharmapuri
2
5.7.2014
Fast Track Court Magisterial level at Palani
1
13.8.2011
Name of the Court
District Court at Ariyalur
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.No.
7.
8.
9.
10.
11.
12.
Name of the
District
Erode
No. of
Courts
Date of
inauguration
one Special Court at Dindigul to deal with MCOP
cases (in the cadre of Sub Judge)
1
30.5.2012
Sub Court at Vedasandur
1
28.10.2012
Ten Mobile Courts one each at Kancheepuram,
Villupuram, Coimbatore, Tiruchirappalli, Madurai,
Namakkal, Salem, Erode, Dindigul and Tirunelveli
10
30.10.2012
One Fast Track Mahila Court at Dindigul in the cadre
of District Judge at Dindigul
1
21.7.2013
Two Fast Track Courts Magisterial level at Erode
2
1.7.2011
Special Court for Land Grabbing cases at Erode.
1
5.12.2012
One Fast Track Mahila Court at Erode in the cadre of
District Judge at Erode
1
14.9.2013
and one Special Court in the cadre of Sub Judge to
deal with MCOP cases at Erode
2
14.09.2013
1
1.7.2011.
Two Fast Track Courts at Magisterial Level at
Nagercoil
2
09.05.2012.
Magistrate) at Chengalpattu
1
26.4.2013.
District Munsif-cum-Judicial Magistrate Court
at Boothapandi by converting existing Judicial
Magistrate Court, Boothapandi
1
1.6.2012
One Fast Track Mahila Court at Nagercoil in the
cadre of District Judge at Nagercoil
1
30.11.2013
Fast Track Court at Magisterial Level at Karur
1
19.11.2011
One Fast Track Mahila Court at Karur in the cadre of
District Judge
1
14.12.2013
Special Court for Land Grabbing Cases at Karur
1
14.12.2013
Fast Track Court at Magisterial Level at Hosur
1
18.9.2011
Special Court (in the cadre of District Judge and in
the cadre of Sub Judge) to deal with MCOP cases at
Kirshnagiri
2
3.2.2013.
Special Court for Land Grabbing cases at Krishnagiri
1
3.2.2013.
One Fast Track Mahila Court at Krishnagiri in the
cadre of District Judge at Krishnagiri
1
21.9.2013
One Additional District and Sessions Court at Hosur.
1
25.01.2014
Sub Court, Uthangarai
1
25.01.2014
Two Additional Special Courts at Madurai for trial of
NDPS Act cases
2
28.3.2011
Special Court for trial of Prevention of Corruption Act
cases at Madurai
1
03.10.2011
Two Fast Track Courts at Magisterial Level at
Madurai
2
26.6.2012
Name of the Court
Kancheepuram @
Fast Track Court Magisterial level at Alandur
Chengalpattu
Kanniyakumari @
Nagercoil
Karur
Krishnagiri
Madurai
Madras High Court
80
R e p ort 2011-2014
Sl.No.
13.
14.
15.
16.
17.
18.
81
Name of the
District
Nagapattinam
Namakkal
Name of the Court
No. of
Courts
Date of
inauguration
and one Special Court (in the cadre of Sub Judge) to
deal with MCOP cases at Madurai.
2
24. 4.2013.
District Munsif-cum-Judicial Magistrate Court,
Peraiyoor
1
02.12.2013
Magistrate) at Madurai.
1
06.12.2013.
Special Court for Land Grabbing Cases at Madurai
1
06.12.2013
Fast Track Court at Magisterial Level at
Mayiladuthurai in Nagapattinam District
1
16.05.2012.
Nagapattinam.
1
17.05.2012.
One Fast Track Mahila Court at Nagapattinam in the
cadre of District Judge at Nagapattinam
1
01.10.2013
Tiruchengode in Namakkal District
1
01.04.2012.
Special Court for Land Grabbing cases at Namakkal
1
9.3.2013.
One Fast Track Mahila Court at Namakkal in the
cadre of District Judge at Namakkal
1
30.11.2013
1
12.2.2011
Fast Track Court Magisterial level at Coonoor
1
22.4.2011
Special Court for Land Grabbing cases at Nilgiris at
Uthagamandalam
1
19.1.2013
One Fast Track Mahila Court at Nilgiris in the cadre
of District Judge at Nilgiris
1
12.9.2013
Judicial Magistrate Court at Pandalur
1
1.11.2014
Magistrate) at Perambalur
1
9.3.2013.
Perambalur
1
01.02.2014
Ramanathapuram
1
5.12.2012
One Fast Track Mahila Court at Ramanathapuram in
the cadre of District Judge at Ramanathapuram
1
23.8.2013
Fast Track Court at Magisterial Level at Attur
1
7.1.2012
and two Special Courts (in the cadre of Sub Judge)
to deal with MCOP cases at Salem
3
16.2.2013.
Magistrate) at Salem
1
16.2.2013.
Fast Track Court (Magiserial level) at Omalur
1
27.4.2013
Special Court for Land Grabbing Cases at Salem
1
05.10.2013
Special Court for trial of cases under the Prevention
of Corruption Act at Salem.
1
10.01.2014
The Nilgiris @
District Munsif Court, Coonoor
Udhagamandalam
Perambalur
Ramanathapuram
Salem
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.No.
19.
20.
21.
22.
23.
24.
Name of the
District
Sivagangai
Thanjavur
Theni
Thoothukudi
Tiruchirappalli
Tirunelveli
Madras High Court
No. of
Courts
Date of
inauguration
Fast Track Court Magisterial level at Karaikudi
1
17.08.2012.
One Fast Track Mahila Court at Sivagangai in the
cadre of District Judge at Sivagangai
1
09.10.2013
of Corruption Act at Sivagangai
1
14.02.2014
Fast Track Court Magisterial level at Thanjavur
1
21.4.2011.
Special Court for Land Grabbing cases at Thanjavur
1
7.3.2013.
deal with MCOP cases at Thanjavur
2
11.08.2013
One Fast Track Mahila Court at Thanjavur in the
cadre of District Judge at Thanjavur
1
11.08.2013
Fast Track Court (Magisterial level) at Pattukottai.
1
30.11.2013
Fast Track Court at Magisterial Level at Theni
1
10.09.2011
Uthamapalayam
1
05.11.2011
Special Court for Land Grabbing cases at Theni
1
3.1.2013
One Fast Track Mahila Court at Theni in the cadre of
District Judge at Theni
1
9.11.2013
Fast Track Courts at Magisterial Level at Thoothukudi
1
30.6.2012
Fast Track Courts at Magisterial Level at Kovilpatti in
Thoothukudi District
1
30.6.2012
District Munsif Court at Tiruchendur by converting
the existing Principal District Munsif-cum-Judicial
Magistrate Court, Tiruchendur
1
2.8.2012
Separate Judicial Magistrate Court at Tiruchendur
by converting the existing Additional District Munsif
Court, Tiruchendur
1
2.8.2012
Thoothukudi
1
9.1.2013
One Fast Track Mahila Court at Thoothukudi in the
cadre of District Judge at Thoothukudi
1
19.9.2013
deal with MCOP cases at Tiruchirappalli.
2
24.2.2013.
Magistrate) at Tiruchirappalli.
1
22.09.2013.
Tiruchirappalli
1
22.9.2013
Special Court for trial of Prevention of Corruption Act
cases at Tiruchirappalli
1
14.10.2011
One Special Court in the cadre of Sub Judge to deal
with MCOP cases at Tirunelveli
1
23.3..2013.
Special Court for Land Grabbing cases at Tirunelveli
1
24.11.2012
Name of the Court
82
R e p ort 2011-2014
Sl.No.
25.
26.
27.
28.
29.
83
Name of the
District
Tiruppur
Tiruvallur
Tiruvannamalai
Tiruvarur
Vellore
No. of
Courts
Date of
inauguration
Magistrate) at Tirunelveli
1
23.3.2013.
of Corruption Act at Tirunelveli
1
22.12.2014
District Court at Tiruppur
1
14.7.2012
Chief Judicial Magistrate Court at Tiruppur by shifting
I Addl. Sub Court, Tiruppur
1
14.7.2012
Fast Track Court at Tiruppur
1
14.7.2012
Special Court for Land Grabbing cases at Tiruppur
1
14.7.2012
One Fast Track Mahila Court at Tiruppur in the cadre
of District Judge at Tiruppur
1
18.9.2013
One Additional Sub Court at Tiruppur from the 13th
Finance Commission grants in aid.
1
09.06.2014
Fast Track Court at Magisterial Level at Thiruvallur
1
6.1.2012
Fast Track Court Magisterial level at Poonamallee
1
01.08.2012.
Special Court for Land Grabbing cases at Tiruvallur
1
7.1.2013
One Fast Track Mahila Court at Tiruvallur in the
cadre of District Judge at Tiruvallur
1
15.11.2013
Fast Track Court (Magisterial level) at Ambattur.
1
30.10.2014
Fast Track Court Magisterial level at Tiruvannamalai
1
1.7.2011.
Separate District Munsif Court at Cheyyar by
converting the existing Principal District Munsif–cum–
Judicial Magistrate Court No.I, Cheyyar
1
20.9.2012
deal with MCOP cases at Tiruvannamalai
1
26. 6.2013
One Fast Track Mahila Court at Tiruvannamalai in
the cadre of District Judge
1
09.04.2014
Fast Track Court Magisterial level at
Thiruthuraipoondi
1
12.5.2011
Constitution District Munsif-cum-Judicial Magistrate
Court at Valangaiman by converting the Principal
District Munsif Court, Valangaiman
1
2.7.2011
District Munsif-cum-Judicial
Magistrate Court at
Needamangalam by shifting the existing Additional
District Munsif Court, Valangaiman.
1
2.7.2011
One Fast Track Mahila Court at Tiruvarur in the
cadre of District Judge at Tiruvarur
1
10.11.2013
Fast Track Court at Magisterial Level at Vellore
1
05.11.2011
Special Court (in the cadre of Sub Judge) to deal
with LAOP cases at Arakkonam
1
24.1.2013.
deal with LAOP cases at Vellore.
1
23.02.2013
Separate Motor Accident Claims Tribunal at
Tirupattur in Vellore District
1
23.02.2013
Name of the Court
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.No.
Name of the
District
Name of the Court
No. of
Courts
One Additional District Munsif Court at Tirupattur by
converting the existing Judicial Magistrate Court No.II
at Tirupattur
30.
31.
Villupuram
Virudhunagar @
Srivilliputhur
Madras High Court
Date of
inauguration
6.4.2013
One Fast Track Mahila Court at Vellore in the cadre
of District Judge at Vellore
1
31.8.2013
Sub Court at Arakkonam
1
14.03.2014
Fast Track Court Magisterial level at Kallakurichi
1
29.7.2011.
and two Special Courts (in the cadre of Sub Judge)
to deal with MCOP cases at Villupuram
3
14.12.2013
One Fast Track Mahila Court at Villupuram in the
cadre of District Judge
1
14.12.2013
Special Court for Land Grabbing Cases at Villupuram
1
14.12.2013
of Corruption Act at Villupuram
1
14.12.2013
Fast Track Court Magisterial level at Srivilliputhur
1
22.4.2011
Virudhunagar
1
27.7.2013
84
R e p ort 2011-2014
INFRASTRUCTURE DEVELOPMENT
The concept of infrastructure plays a vital role in a civilized society. Improper or inappropriate
or inadequate infrastructure of judicial mechanism can, at times, hamper or undermine the
very mechanism itself and also lead to avoidable misgivings. With a view to obviate such
a possibility and to maintain decent standards and in order to upgrade and augment the
infrastructure of Subordinate Courts, on the initiative taken and the keen interest shown
by our Hon’ble The Chief Justices in identifying the requirement, the Government of Tamil
Nadu have positively responded by sanctioning the requisite funds for provision of following
infrastructure and construction of court buildings and Judicial Officers’ Quarters.
Name of the District
Newly constructed court
buildings and Judicial Officers
quarters
1.
Coimbatore
Construction of Combined Court
Building at Mettupalayam
219.00
22.11.2014
2.
Cuddalore
Combined Court Buildings and
Judicial Officers Quarters at
Panruti
237.22
06.03.2011
Building and Quarters for Judicial
Officers at Cuddalore
1002.00
26.03.2012
Construction of Quarters for Sub
Judge at Dharmapuri
27.95
18.06.2011
Officers at Pennagaram
178.96
04.02.2012
Building at Palacode
288.86
15.03.2014
SI.
No.
3.
85
Dharmapuri
`
Cost Estimate Inaugurated on
(In lakhs)
4.
Dindigul
Officers at Palani
382.59
27.10.2012
5.
Erode
Erode
542.00
09.04.2011
Officers at Bhavani
527.86
21.04.2012
Building at Kangeyam
288.90
14.07.2012
6.
Kancheepuram @
Chengalpattu
Alandur
473.10
01.07.2011
7.
Kanniyakumari @
Nagercoil
Construction of Combined
Court Building at
Padmanabhapuram
447.00
21.04.2012
Madras High Court
Re p o rt 2011- 2 0 1 4
SI.
No.
8.
Karur
quarters
`
(In lakhs)
Officers at Kuzhithurai
563.86
06.04.2013
Judicial Officers Quarters, Karur
1000.00
19.02.2011
Officers at Kulithalai
410.54
08.06.2013
9.
Nagapattinam
Construction of Court Building
and Quarters for Judicial Officers
at Vedaranyam
201.82
24.05.2013
10.
Namakkal
Namakkal
1056.00
23.01.2011
Officers at Tiruchengode
529.10
01.04.2012
Officers at Rasipuram
464.76
14.07.2012
11.
Perambalur
Buildings at Perambalur
936.00
07.02.2009
12.
Pudukkottai
Building at Aranthangi
415.00
15.09.2013
13.
Ramanathapuram
Building at Paramakudi
240.00
12.02.2014
14.
Salem
Officers at Sankari
562.00
29.01.2012
Construction of Quarters for
Presiding Officer, Labour Court at
Salem
57.41
30.05.2012
Officers at Attur
695.97
13.10.2012
Building at Omalur
303.20
11.04.2013
15.
Sivaganga
Building at Sivaganga
874.93
09.10.2013
16.
Thanjavur
Officers at Kumbakonam
997.00
17.03.2013
Building at Thiruvaiyaru
191.65
26.06.2013
Madras High Court
86
R e p ort 2011-2014
SI.
No.
quarters
17.
Theni
Officers at Uthamapalayam
517.35
05.11.2011
18.
Thoothukudi
Officers at Thoothukudi
888.00
01.04.2012
Officers at Tiruchendur
260.60
31.03.2013
Officers at Valliyoor
469.73
15.04.2012
Construction of Additional
Property room at Palayamkottai
38.70
23.03.2013
19.
87
Tirunelveli
`
(In lakhs)
20.
Tiruvallur
Poonamallee
373.00
12.09.2011
21.
Tiruvannamalai
Judicial Officers Quarters at Arani
397.00
27.02.2011
Building at Tiruvannamalai
1451.44
23.08.2014
22.
Tiruvarur
Officers at Tiruvarur
1085.40
30.06.2012
23.
Vellore
Officers at Arakkonam
282.80
11.03.2012
Construction of Quarters for Sub
Judge and District Munsif at
Gudiyatham
43.54
29.06.2012
Officers at Ambur
230.75
06.10.2012
Officers at Katpadi
321.99
16.12.2012
Building at Ranipet
365.00
16.12.2012
24.
Villupuram
Construction of three post
attached quarters at Villupuram
85.50
14.06.2012.
25.
Virudhunagar
Officers at Aruppukkottai
383.00
07.04.2012
Madras High Court
Re p o rt 2011- 2 0 1 4
WORK UNDER PROGRESS FOR COURT BUILDINGS AND
JUDICIAL OFFICERS QUARTERS
SI.
No.
Name of the
District
Newly constructed court buildings and
Judicial Officers quarters
`
Cost Estimate
(In lakhs)
1.
Coimbatore
Combined Court Building and Quarters for Judicial Officers
at Valparai
285.49
2.
Cuddalore
at Tittagudi
483.50
3.
Kanniyakumari @
Nagercoil
at Eraniel
265.43
at Nagercoil
1550.47
4.
Krishnagiri
at Denkanikottai
177.66
5.
Nagapattinam
at Mayiladuthurai
1041.60
6.
Ramanathapuram
at Tiruvadanai
187.43
at Mudhukulathur
497.31
7.
Salem
Construction of Combined Court Building and Quarters for
Judicial Officers at Mettur
496.72
8.
Sivagangai
at llayangudi
206.51
9.
Thanjavur
Quarters for Judicial Officers at Thanjavur
149.47
10.
Theni
at Periyakulam
653.76
11.
Thoothukudi
at Vilathikulam
155.04
12.
Tiruchirappalli
at Tiruchirappalli
2264.81
13.
Tirunelveli
at Sankarankoil
381.47
14.
Tiruvallur
at Tiruvallur
1227.66
15.
Villupuram
at Tindivanam
1731.69
at Kallakurichi
754.22
at Gingee
930.00
Madras High Court
88
R e p ort 2011-2014
PROPOSALS SANCTIONED FOR CONSTRUCTION OF COURT BUILDINGS AND
JUDICIAL OFFICERS’ QUARTERS
SI.
No.
1.
Chennai
Newly constructed court buildings and
Judicial Officers quarters
`
Cost Estimate
(In lakhs)
Combined Court Building at Egmore
1088.67
post attached Quarters for Judicial Officers
at Saidapet
368.00
2.
Cuddalore
Court Building at Portonovo
268.00
3.
Dindigul
Combined Court Building and Quarters for
Judicial Officers at Dindigul
3709.85
4.
Erode
Court Building and Quarters for Judicial
Officers at Kodumudi
352.00
5.
Karur
at karur
173.50
6.
Nagapattianam
Judicial Officers at Sirkali
530.20
7.
Tiruchirappalli
Judicial Officers at Musiri
470.80
Combined Court Building at Thuraiyur
375.03
Judicial Officers at Sivagiri
307.45
at Tirunelveli
613.80
8.
Tirunelveli
9.
Tiruvannamalai
Judicial Officers at Cheyyar
772.90
10.
Tiruvarur
Combined Court Building at
Thiruthuraipoondi
368.50
11.
Villupuram
Judicial Officers at Ulundurpet
1068.13
12
89
Name of the
District
Virudhunagar
Central Record room at Villupuram
29.70
Combined Court Building at Sattur
382.80
Madras High Court
Madras High Court
5,25,90,48,000
District Judiciary
and Legal Services
Authority
1
2
Total
94,95,53,000
High Court Madras
and Madurai Bench
of Madras High
Court
6,20,86,01,000
Allocation
(`)
Head of
Department
Sl. No.
2011-12
6,16,97,92,000
5,17,14,06,000
99,83,86,000
Expenditure
(`)
2011-12
5,97,70,69,000
4,99,26,11,000
98,44,58,000
Allocation
(`)
2012-13
5,96,18,85,000
4,95,09,98,000
1,01,08,87,000
Expenditure
(`)
2012-13
6,66,74,02,000
5,60,62,21,000
1,06,11,81,000
Allocation
(`)
2013-14
ADMINISTRATION OF JUSTICE - JUDICIAL DEPARTMENT
DETAILS OF ALLOCATION AND EXPENDITURE
FROM 2011-12 TO 2014-15
BUDGET
6,57,60,00,000
5,45,27,56,000
1,12,32,44,000
Expenditure
(`)
2013-14
7,83,33,00,000
6,59,06,97,000
1,24,26,03,000
Allocation
(`)
2014-15
Re p o rt 2011- 2 0 1 4
90
R e p ort 2011-2014
THE XIII FINANCE COMMISSION
A GRANT OF RS.252.44 CRORES WAS ALLOCATED
TO THE STATE OF TAMIL NADU FOR THE PLAN PERIOD 2010-2015
Sl. No.
1.
2.
3.
4.
5.
6.
7.
8.
COMPONENTS
Morning/Evening Courts
Lok Adalat and Legal Aid
Training of Judicial Officers
Training of Public Prosecutors
Heritage Court Buildings
State Judicial Academy (Construction
of Regional Academy at Coimbatore
and Madurai)
ADR Centres
Court Managers
Grand Total
Amount Allocated
` (in Crores)
123.54
14.83
12.35
7.41
22.24
15.00
40.76
16.30
252.44
I.MORNING / EVENING / HOLIDAY / SPECIAL COURTS
Under the 13th Finance Commission Grants, the Government of India have allotted
Rs.123.54 Crores for the above component for the plan period 2010-2015 and the Government
of Tamil Nadu, on the proposals of the High Court, have sanctioned the following courts:
Sl. No.
1
2.
91
Courts Sanctioned
29 Special Court viz., 8
Special Courts in the cadre
of District Judges to deal
with MCOP cases, 4 Special
Courts in the cadre of Senior
Civil Judge to deal with LAOP
cases and 17 Special Courts
in the Cadre of Senior Civil
Judge to deal with MCOP
cases.
One Special Court in the
cadre of District Judge and
one Special Court in the cadre
of Sub Judge at Dharmapuri to
deal with MCOP cases
Orders issued by the
Government
G.O.Ms. No.79,
Home (Cts.II) Dept.,
dated 13.01.2012
G.O.Ms.No.782 Home
(Cts.II) Dept., dated
3.10.2013
Amount sanctioned
` (in crores)
49.2144
1.0763
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl. No.
3.
4.
5.
6.
7.
8.
9.
Orders issued by the
Government
G.O.Ms.No.576 Home
A separate Motor Accident
Claims Tribunal at Tirupattur in (Cts.II) Dept., dated
24.7.2012
Vellore District
G.O. Ms. No.40,
Additional Sub court at
Home (Cts.III) Dept.,
Tiruppur.
dated 20.01.2014
G.O.Ms.No.27 Home
10.01.2011 (for 90
Evening courts)
G.O.Ms.No.523
121 Evening Courts
Home (Cts.II) Dept.,
dated 17.7.2013 (31
Evening Courts in
the Districts except
Perambalur)
2 Special courts in Villupuram
G.O.Ms.No.793 Home
and Sivagangai for exclusive
trial of cases registered under
7.10.2013
SC/ST (POA) Act, 1989.
G.O.Ms.No.783 Home
Holiday Family Courts at
Chennai.
3.10.2013
G.O.(Ms.) No.110,
Home (Courts II)
Additional Family Court at
Department, dated
Coimbatore.
14.02.2013
Constitution of 13 Family
Courts one each at Dindigul,
Erode, Tirunelveli, Sivagangai, G.O.(Ms) No.516,
Home (Courts
Tiruvallur, Chengalpattu,
II) Department,
Villupuram, Vellore,
dated16.07.2013.
Tiruchirappalli, Dharmapuri,
Tiruvarur, Virudhunagar and
the Nilgiris.
Madras High Court
Courts Sanctioned
Amount sanctioned
` (in crores)
0.5288
0.3727
5.2668
(3.9240 + 1.3428)
1.6926
0.5454
1.33
8.0671
92
R e p ort 2011-2014
II.LOK ADALAT AND LEGAL AID
of Tamil Nadu have released the following funds based on the Action Plan of the Tamil Nadu
State Legal Services Authority.
Sl.No.
1.
2.
3.
4.
5.
Financial
Year
G.O. No. & date
G.O.Ms.No.11 Home (Courts – IV)
Department, dated 06.01.2011
2011-2012
2012-2013
2013-2014
2014-2015
2010-2011
Amount
Sanctioned
`
1,48,30,000/2,96,60,000/2,96,60,000/2,96,60,000/2,96,60,000/-
III.TRAINING OF JUDICIAL OFFICERS
of Tamil Nadu have released the following funds based on the Action Plan of the Tamil Nadu
State Judicial Academy.
Sl.No.
Financial
Year
1.
2010-2011
2.
3.
4.
5.
93
G.O. No. & date
G.O.No.23,Home (Cts.I) Dept., dt.07.01.11
G.O.No.524, Home (Cts.I) Dept., dt.
11.07.2012
G.O.Ms.No.209 Home (Courts-I) Department
2012-2013
dated 28.03.2013
G.O.Ms.No.1143 Home (Courts-I)
2013-2014
Department dated 12.12.2013
G.O.Ms.No.446 Home (Courts-I) Department
2014-2015
dated 25.06.2014
2011-2012
Amount
Sanctioned
`
2,47,00,000/2,47,00,000/2,47,00,000/2,47,00,000/2,47,00,000/-
Madras High Court
Re p o rt 2011- 2 0 1 4
IV.TRAINING TO PUBLIC PROSECUTORS
of Tamil Nadu have released funds based on the Action Plan of the Director of Prosecution,
Chennai.
»»
A sum of Rs.78,87,000/- is sanctioned in G.O.No.Ms.35, Home (Cts.VI), Dept.
dt.12.01.2011 for giving training to the 645 Prosecutors (both regular and tenure) in
Tamil Nadu at the Anna Institute of Management, Chennai.
»»
A sum of Rs.4,83,750/- is sanctioned in G.O.(MS) No.129, Home (Courts-VI)
Department, dated 09.02.2012 for provision of Mobile Law Software to 645 Public
Prosecutors in the State.
»»
A sum of Rs.8,95,670/- is sanctioned in G.O.(Ms)No.205, Home (Courts-VI)
Department, dated 07.03.2012 for purchase of Law Books to the Prosecution
Department.
»»
A sum of Rs. 84,25,300/- is sanctioned in G.O.Ms.No.276 Home (Courts VI)
Department dated 07.05.2013 for purchase of Law Books to the Prosecution
Department.
»»
A sum of Rs. 2,65,54,397/- is sanctioned in G.O.Ms.No.938 Home (Courts VI)
Department dated 30.10.2013 for Providing of Laptops and Printers to the Regular
Cadre Prosecutors of the Prosecution Department.
»»
A sum of Rs.69,25,800/- is sanctioned in G.O.Ms.No.938 Home (Courts VI)
Department dated 30.10.2013 for imparting 5 days computer training programme to
390 regular cadre Prosecutors.
»»
A sum of Rs.29,69,070/- is sanctioned in G.O.Ms.No.938 Home (Courts VI)
Department dated 30.10.2013 for provision of online Journal to Regular Cadre
Prosecutors.
V.HERITAGE COURT BUILDINGS
Under the 13th Finance Commission, the Government of India have allotted Rs.22.24
Crores for the period 2010-2015.
»»
A sum of Rs.22.24 Crores has been allocated by the 13th Finance Commission
Grants towards Maintenance and Conservation of Heritage Court Buildings in the
State of Tamil Nadu.
»»
The Hon’ble Monitoring Committee resolved to accept in principle the proposal
of M/s.Indian National Trust for Architectural and Cultural Heritage (INTACH) to
renovate the five Court Buildings viz.,
Madras High Court
94
R e p ort 2011-2014
i. Metropolitan Magistrate Court building at George Town, Chennai;
ii. Court of Small Causes, High Court Campus, Chennai;
iii.Additional Chief Metropolitan Magistrate Court (Heritage Building) in C.M.M.Court
Buildings at Egmore;
iv.Chief Metropolitan Magistrate Court (Heritage Building) in C.M.M.Court Buildings
at Egmore, and
v. Chief Metropolitan Magistrate Court (M.M.) Building located inside the M.M.Court
Campus, Saidapet, Chennai at an estimated cost of Rs.22,21,48,364/- and a
proposal was sent to the Government with a request to release the funds.
»»
The Government of Tamil Nadu in G.O.Ms.No.971, Home (Courts-III) Department,
dated 14.11.2013 have sanctioned a sum of Rs.22,21,48,365/- for conservation and
restoration of above five Heritage Court Buildings in Chennai City.
»»
On the recommendation of the High Court and in the light of the orders of the Hon’ble
High Court of Madras in W.P.No.249/2011, dated 29.10.2014, the Government have
sanctioned a sum of Rs.17,20,00,000/- from and out of Rs.22.21 crore sanctioned in
the G.O.Ms.No.971, Home (Courts-III) Department, dated 14.11.2013 for Restoration
/ Rehabilitation of the High Court Main Building, Small Causes Court Building inside
the High Court Campus and Metropolitan Magistrate Court Building, George Town,
Chennai.
VI.STATE JUDICIAL ACADEMY
(Construction of Regional Judicial Academy at Coimbatore and Madurai)
Rs.15.00 Crores for the period 2010-2015.
»»
The Government of Tamil Nadu in the G.O.No.1017, Home (Cts.I) Dept.,
dt.09.12.2010, have sanctioned a sum of Rs.17 Crores, towards construction of
Regional Centres of State Judicial Academy at Coimbatore and Madurai each at an
expenditure of Rs.8.50 Crores, by utilizing the sum of Rs.15 Crores allocated under
the 13th Finance Commission Grant and a sum of Rs.2 Crores as additional grant
from State Funds.
»»
The Construction work is nearing completion.
VII.ALTERNATIVE DISPUTE RESOLUTION (ADR) CENTRES
The 13th Finance Commission has allocated a sum of Rs.40.76 Crores to the State
of Tamil Nadu under the head “Alternate Disputes Resolution (ADR) Centre”. Based on
the directions of the Hon’ble Monitoring Committee, the Registry has proposed that after
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earmarking Rs.30.00 Crores for putting up Alternate Disputes Resolution Centres in all 30
Judicial Districts in the State, the remaining amount of Rs.10.76 Crores is decided to be
spent for the purpose of giving specialized training to the Mediators, Judicial Officers and
Advocates in Mediation.
»»
The Government of Tamil Nadu have sanctioned a sum of Rs.4,20,00,000/- for
construction of ADR Centre for Chennai District (viz., Rs.1 crore from the fund
allocated under the 13th Finance Commission Grant and Rs.3.20 crores, additionally
from State Funds, vide G.O.Ms.No.346 Home (Courts-IV) Dept, dated 29.06.2011.
»»
The Government of Tamil Nadu have sanctioned a sum of Rs.29,00,00,000/- for
construction of ADR Centres at 29 Judicial Districts in the State of Tamil Nadu vide
G.O.Ms.No.137 Home (Courts-IV) Dept, dated 14.02.2012.
»»
The Public Works Department, Government of Tamil Nadu has taken initiative steps
for the construction of ADR Centres in 30 Judicial Districts of Tamil Nadu as on
28.02.2013. The status of ADR Centres are as follows:
•
13 Alternate Disputes Resolution (ADR) Centres inaugurated
•
2 Ready for inauguration
•
10 under construction
•
5 Construction yet to be commenced
TRAINING TO THE MEDIATORS, JUDICIAL OFFICERS
AND ADVOCATES ON MEDIATION
Under the 13th Finance Commission, the Government of India have allotted Rs.10.76
Crores for the period 2010-2015, out of Rs.40.76 Crores sanctioned to ADR Centres.
2010-2011
»»
The Government of Tamil Nadu in G.O.No.12,Home (Cts.IV) Dept.,dt.06.01.11,
have sanctioned a sum of Rs.1,07,60,000/-, for the year 2010-2011, towards the
scheme entrusting the job of provision of specialized training to the Mediators,
Judicial Officers and Advocates in Mediation.
»»
One day refresher course for 93 mediators was held in the Principal Seat at Madras
High Court and Madurai Bench of Madras High Court.
»»
An advanced training programme for 36 mediators was held at Madras. Mediation
Orientation Programme was held in all the 30 districts in Tamil Nadu wherein, 2,619
Advocates and 519 Judicial Officers have participated.
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2011- 2012
»»
The Government of Tamil Nadu in G.O.Ms.No.132 Home (Cts.IV), Department,
dated 10.02.2012, have sanctioned a sum of Rs. 1,71,43,000/- after adjusting an
unspent amount of Rs.83.07 lakhs, sanctioned during the year 2010-2011 from and
out of the approved amount of Rs.2,54,50,000/-.
»»
Accreditation Certificates was given to 41 Mediators of Tamil Nadu Mediation and
Conciliation Centre who have rendered two years of pro-bono service in mediation,
by Hon’ble Mr. Justice Markandey Katju, thenJudge Supreme Court, India on
26.08.2011.
»»
Trainers Training Programme was conducted by Mr.Rahim Shamji, Barrister &
Mediator Director of Civil / Commercial Education & Training & International Projects,
United Kingdom, wherein 25 Advocates / Mediators were trained as Trainers
»»
Special Skills on Mediation Training Programme was conducted by Mr.Greg Releyea,
Trainer, Institute for the Study and Development of Legal Systems (San Francisco,
CA) wherein, 116 Advocates / Mediators participated.
»»
The Tamil Nadu Mediation and Conciliation Centre has started repeat orientation
programmes for the members of the Bar and on 25.02.2012 a repeat orientation
programme was conducted for the members of the bar of the Union Territory of
Puducherry and another programme was conducted on 10.03.2012.
»»
A Referral Judges Programme was conducted for the Judicial Officers of Puducherry
on 25.02.2012 at Puducherry.
2012- 2013
»»
Basic Mediation Training Programme conducted for 40 Advocates from the Madurai
District.
»»
Referral Judges Programme for 23 Judicial Officers from the District of Tiruchirappalli.
»»
Hon’ble Chief Justice, Members of the Hon’ble Monitoring Committee and
Co-ordinators from the Districts participated in the National “District Level” Seminar
on Mediation on 10.11.2012 at New Delhi.
2013- 2014
97
»»
The Government of Tamil Nadu in G.O.No.777,Home (Cts.IV) Dept.,dt.01.10.2013,
have sanctioned a sum of Rs.2,65,20,000/-, for the year 2013-2014, towards the
scheme entrusting the job of provision of specialized training to the Mediators,
Judicial Officers and Advocates in Mediation.
»»
Basic Mediation Training Programme conducted for 172 Advocates.
»»
Awareness programme was conducted for 119 Advocates from the District of Chennai
and for the 220 students of the Dr.Ambedkar Govt. Law College at Chengalpattu.
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»»
The Government of Tamil Nadu was addressed to permit to incur the unutilized
amount of 2,52,99,354/- for the financial year 2014 - 2015 and the Government vide
letter No.38925/Cts.IV/2014-3, dated 20.08.2014 have permitted to incur the same.
VIII.COURT MANAGERS
»»
The Government of Tamil Nadu have accorded sanction for creation of 35 posts of
Court Managers in the G.O.Ms.No. 202, Home(Cts.V) Dept., dt.23.03.2011 and in
G.O.Ms.No. 507, Home(Cts.V) Dept., dt.23.03.2011.
»»
All the posts of Court Managers were filled up in the month of January 2013.
Sl.No.
1
2
3
»»
Place of Posting
Principal Seat at Madras
Madurai Bench
One post each in 32
Judicial District
Total
No of posts
2
1
32
35
Considering the nature of work performed by the Court Managers, the Government
of Tamil Nadu have sanctioned the following infrastructure to the Court Managers
for their effective functioning.
i. The Government of Tamil Nadu in G.O. Ms. No. 942 Home (Courts-V)
Department dated 30-10-2013 have sanctioned 35 posts of Typist and 35
posts of Office Assistant on a consolidated pay of Rs.12000/- and Rs.8000/respectively, for assisting the Court Managers.
ii. The Government of Tamil Nadu in G.O.Ms.No.195, Home (Courts-V)
Department dated 26-02-2014, have sanctioned 35 Laptops along with 10 GB
3G data cards for the use of Court Managers.
»»
The Court Managers in the Districts primarily act as Executive Officers of the Courts,
sharing the burden of the Judicial Officers on their administrative side.
»»
Court Managers of the High Court are acting as liaison officers with the State
Government to pursue the pending matters with the Government and the District
Court Managers are coordinating with the district administrative officers for getting
things done on the District level matters.
»»
Court Managers at High Court are coordinating with Court Managers functioning
in various High Courts in the country and getting information/statistics for various
purposes including the best practices followed in other High Courts.
»»
The High Court has recommended to the State Government for the continuation of
the post of Court Manager from 01.04.2015 onwards and the orders of the State
Government are awaited.
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Part C
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TAMIL NADU STATE LEGAL SERVICES AUTHORITY
NATIONAL CONFERENCE OF LEGAL SERVICES AUTHORITY
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I. ACTIVITIES OF THE STATE LEGAL SERVICES AUTHORITY
COUNSELLING:
There are 29 District Legal Services Authorities, 150 Taluk Legal Services Committees
and 2 High Court Legal Services Committees functioning in the State of Tamil Nadu with
attached Counseling Centres. Panel lawyers are deputed as Counsellors to render legal
advice and legal assistance.
CENTRE FOR WOMEN: (Pre-Litigation)
Centres exclusively to deal with the issues concerning women have been opened by the
Authority all over Tamil Nadu. In the City of Chennai alone, three Centres for Women are
actively functioning. Women lawyers are posted regularly in those centres to deal with the
grievances of women compassionately.
MEDIATION CENTRES: (Pre-Litigation)
Mediation Centres are functioning in a selected place like Panchayat Office, Schools
etc. Staff members along with panel lawyers are deputed during weekends to attend the
Mediation Centres. Applications received in Mediation Centre from the litigant public are
disposed of on the spot and if immediate relief is not possible, the applications are brought
to the nearest Legal Aid committee for being processed.
LEGAL LITERACY AND AWARENESS:
The Tamil Nadu State Legal Services Authority is conducting Legal Literacy and Awareness
Camps in a conventional manner where the Judicial Officers, Advocates and NGOs used to
attend the gathering in a particular place of a village on a specified date. The applications
received in those camps are forwarded to the nearest Legal Services Committee for being
processed. In order to create awareness to the people in grass root level, the Scheme
of Micro Legal Literacy and Awareness Camps have been designed and circulated to the
District Authorities and Taluk Committees.
MICRO LEGAL LITERACY CAMPS:
The Scheme was launched on 27.07.2007. As directed by National Legal Services
Authority, the Chairmen of the District Legal Services Authorities and Taluk Legal Services
Committees were instructed to form a team consisting of 6 responsible persons for the
purpose of visiting places like Jails, Hospitals, Melas, Festival Places, Religious Places,
Schools, Colleges, Labour Colonies, Market Places, Pilgrim Centres, Hutments and Slum,
on every Saturday, Sunday and on all public holidays to make awareness among the public.
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NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME:
As instructed by NALSA, in its letter dated 03.02.2009 this Authority had issued
instructions to organize Legal Awareness Camps pertaining to National Rural Employment
and Guarantee Act regularly.
174 Camps on the above subject were conducted from January to December 2011, 222
camps from January to December 2012, 312 camps From January to December 2013 and
220 Camps From January to December 2014 in the State of Tamil Nadu.
LEGAL LITERACY THROUGH FOLK SONGS AND VILLUPATTU:
As part of the Legal Literacy and awareness programme, Villuppattu, a traditional folklore
of Tamil Nadu performed by famous artist “Kalaimamani Subbu Arumugam” is exhibited
through electronic media from the year 2002. The songs and educative villupattu played
in the legal literacy camps attracted large crowd. The public at large and the advocates
exhibited much interest in hearing them and they purchased the cassettes for their personal
use. Lyrics in the style of folk songs carrying the message of various Laws, Enactments and
Schemes on Lok Adalat sung by various famous playback singers viz. Padmashri Yesudoss,
Vani Jayaram, Unnikrishnan, Mahanadhi Shobana, and Sirkali Siva Chidambaram were
recorded and are being played at the venue where legal literacy programmes were organized
from the year 2003.
VIDEO AND AUDIO CASSETTES FOR PUBLICITY:
The video and audio C.Ds and cassettes containing the substance of the various laws
were prepared with the funds provided by Neyveli Lignite Corporation Limited for creating
awareness among the public.
RELEASE OF BOOKLETS IN VERNACULAR LANGUAGE:
In order to enlighten the general public, the basics of various beneficial enactments were
prepared and published by the State Legal Services Authority in the form of booklets. The
following booklets titled as the State Legal Services Authority published “Legal Literacy and
awareness series”. Further on 20.08.2013 in a function, opening of A.D.R. Centre at Chennai
15 books on various subjects were released.
That apart, as part of legal literacy and awareness campaign, the Tamil Nadu State
Legal Services Authority has released a booklet in vernacular language under the caption
“SATTAPPANIGAL MUTHAL KAIYEDU in question-and-answer form.
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FILM ON LOK ADALAT:
A short film on “Lok Adalat” highlighting the benefits of the Lok Adalat has been produced
and released by the Tamil Nadu State Legal Services Authority. The film is being screened
in almost all the functions of the Legal Services Authority as a prelude to the function. The
source of dispute, the psychological impact it created in the minds of the disputants, the
yearning for amicable solution sought for by the agriculturist, the ill-intention of the other
elite breed to elongate the dispute through the court of law, the accidental meeting by the
disputants with the District Authority personnel and the efforts taken by them to conciliate the
matter effectively and the solution provided by the Legal Services Authority for the disputes,
have been commendably pasteurized in the film.
DOCUMENTARY FILM ON THE ACTIVITIES OF LEGAL SERVICES AUTHORITY:
In order to further enlighten the people of the various beneficial enactments passed
by the Central and State Governments as well as the various programmes and schemes
implemented by the Tamil Nadu State Legal Services Authority, through legal literacy
and awareness, a 30 minutes documentary film “Access to Justice for All” in English and
“Anaivarukkum Samaneethi” in vernacular language was produced and released by the
Tamil Nadu State Legal Services Authority.
LEGAL ASSISTANCE THROUGH LEGAL AID CLINICS:
Legal Aid Clinics are also functioning in Law Colleges, across the State. In the State of
Tamil Nadu, 1,012 Legal Aid Clinics are functioning . A Legal Aid Clinic is also functioning
for mentally disabled persons at Mugappair.
The nature of functioning of the above Legal Aid Clinics is that a panel lawyer is deputed
to each Legal Aid Clinic on rotation for a specified period.
LEGAL AID CLINCS IN VILLAGE PANCHAYATS:
(Village Legal Care and Support Centres)
As per the directions of the National Legal Services Authority, Legal Aid Clinics are
established in all Villages, or for a cluster of Villages. Panel Advocates and Para Legal
Volunteers will be present in such clinics. They will give legal advice and they will refer
the deserving cases to the Taluk Legal Services Committees and District Legal Services
Authorities. A legal aid clinic is functioning in Juvenile Justice Board at Chennai. Up to
31.12.2014, we have opened 921 Village Legal Care and Support Centres. We have also
special legal aid Clinics for HIV/AIDS patients in some Hospitals.
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LEGAL LITERACY CLUBS:
190 Legal Literacy Clubs/Legal Aid Clubs are functioning in schools and Colleges in the
Districts to create legal awareness among the public living in nook and corner in villages.
The panel lawyers are deputed to these clubs once in a month for briefing the students about
salient features of important laws. The purpose is to educate students, in basic laws involved
in day-to-day life and persuade them to spread legal awareness among their neighbours.
GRAMA SABHA ASSEMBLY IN VILLAGES:
In order to bring justice at door-steps, we arrange meetings of Grama Sabha in consultation
with them. One staff from the Legal Services Authority/Committee and an Advocate will
attend the meeting. Local Problems will be discussed there and proper legal advice will be
given. If necessary other legal assistance will also be rendered through the Authorities/
Committees.
HELP LINE:
In Satta Udhavi Maiyam of Tamil Nadu State Legal Services Authority Building, a Legal
Aid help line and a toll free help line are functioning. The Advocates are deputed on all
working days to attend the calls and to give opinion both morning and evening by turn.
Help Line No: 25342441
Toll Free No.1800 4252 441
LEGAL ASSISTANCE TO THE PEOPLE LIVING WITH HIV/AIDS:
The Legal Services Authority has not neglected any sections of the society who are in
distress. The most neglected and isolated sections of the persons living with HIV/AIDS,
while their own family members themselves rejected those persons, the Legal Services
Authority has come to the rescue of them in order to get the legitimate rights under the
Act. On 16.09.2006 the Tamil Nadu State Legal Services Authority in association with
Tamil Nadu Aids Control Society, Chennai, has organized workshop and a Legal Aid Clinic
was inaugurated in Namakkal District. Besides this, a village called Pothanur in Namakkal
District, where in a large scale of people living with HIV/AIDS are living, was adopted by the
District Legal Services Authority, Namakkal, so as to enable the people to avail the facilities
of both medical and legal assistance.
Legal Aid Clinics for people living with HIV/AIDS were opened and are functioning
at Government Hospital, Dindigul, Cuddalore, Madurai, Tirunelveli, and Paramathi at
Namakkal Dist. Further legal Aid Clinics are functioning at Government Hospital, Chennai,
Dharmapuri, Villupuram, Krishnagiri, Salem, Tiruchirappalli, Tiruppur, Karur, Theni,
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Thoothukkudi, Chengalpattu, Kanyakumari, District. Perambalur, Vellore, Pudukottai,
Thanjavur, Tiruvannamalai, Srivilliputhur, Erode and Ramanathapuram Districts. The panel
lawyers are being deputed to hear the grievances of the persons living with HIV/AIDS and
on receipt of applications necessary steps are being taken on those petitions.
LEGAL ASSISTANCE TO THE PRISONERS:
The Legal Services Authority has also extended its services to the under trial prisoners
and the convict Prisoner and the provision of legal assistance commences from the time of
their arrivals till the filing of appeal before the Supreme Court. A Legal Aid Cell for Convicted
Prisoners is functioning at Puzhal, Prison Complex, Chennai. The Legal Aid Cells for
Prisoners are functioning in Vellore, Madurai, Trichirappalli, Cuddalore, Salem, Tirunelveli
and Coimbatore. Further, Duty Counsel is being deputed in all the Central prisons, Sub Jails
and Special Cell for Women regularly to interview the prisoners and register their grievances
and to provide the legal assistance in accordance with law.
LEGAL AID COUNSEL SCHEME:
The Panel Lawyers are being deputed to all the Magistrate Courts daily to provide legal
assistance to the under trial prisoners who are brought to the court for remand, to move bail
for them etc.
PARA LEGAL VOLUNTEERS SCHEME:
As per the directions of the National Legal Services Authority Para-legal Volunteers are
identified for the purpose of imparting Legal Awareness to various target groups of Para
legal volunteers who in turn bring legal awareness to all sections of the people. Para Legal
Volunteers will be engaged in all the legal aid clinics. They will also be engaged in the front
office of the ADR Centre.
As per the Scheme, the National Legal Services Authority has instructed to identify 100
Para Legal Volunteers in each District Legal Services Authority, 50 Para Legal Volunteers in
each Taluk Legal Services Committee.
No. of Para Legal Volunteers so far identified
(December 2014) : 7,330
No. of Para Legal Volunteers so far trained
(December 2014) : 4,463
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II. LOK ADALATS:
The State Authority, District Authorities, Taluk Committees and High Court Legal Services
Committees are empowered to organize Lok Adalat as per section 19 of Legal Services
Authorities Act, 1987.
CONTINUOUS LOK ADALAT FOR HIGH COURT CASES:
The High Court Legal Services Committee hitherto was organizing Lok Adalat twice a
week. Apart from Motor Accident Appeals, certain other categories like Writ, Matrimonial
appeals, Land Acquisition cases, etc. are taken up for consideration and settled before such
Lok Adalat. The retired judges of the Hon’ble High Court with two other members preside
over the Lok Adalat.
Now, in order to make the Lok Adalat continuous and permanent one, two separate courts
are established in the principal seat of the High Court, Madras and also Lok Adalats are
organized in the District headquarters every month, presided over by the sitting Judges of
High Court.
LOK ADALAT FOR MOTOR ACCIDENT CASES PENDING BEFORE THE VARIOUS
TRIBUNALS OF THE SMALL CAUSES COURT, CHENNAI:
Lok Adalat for Motor Accident Claims cases which are pending before various Tribunals
of the Court of Small Causes, Chennai was conducted.
In the State of Tamil Nadu 4,966 Adalats were held, in which 78,291 cases were settled
for an award of Rs.701,34,40,251.95 in the year 2012,
5,733 Adalats have been held in which 14,59,974 cases have been settled for an award
of Rs. 1840,55,11,674.57 in the year 2013.
5,613 Adalats have been held in which 40,58,694 cases have been settled for an award
of Rs.3391,99,69,293.00 from January to December 2014.
PENSION ADALAT:
Pension Adalat is conducted by the State Authority to assist the retired people to get relief
presided over by the Hon’ble Retired Judge of the Madras High Court with two members.
The Government has also appointed a Nodal Officer to monitor so as to enable the various
Departments to participate in the Lok Adalat and to represent their views to assess the
eligibility of the grievances of retired persons
So far, 206 Pension Adalats were conducted and through which, 997 retired pensioners
have been benefited till December 2014.
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PRISON ADALAT:
Prison Lok Adalats are functioning every Friday in central prisons. Such Adalats are being
held at Central prisons, Chennai, Madurai, Trichy, Vellore, Cuddalore, Salem, Tirunelveli,
Coimbatore and in special prison for women at Vellore. The functioning of Prison Adalats
has reduced not only the pendency of cases but also the prison population. A Legal Aid
Clinic is functioning in the Central Prison, at Puzhal in Chennai in Prison I, II, and Special
Prison for Women.
So far, 3,469 Prison Adalats were conducted and those Adalats had disposed of 18,198
cases till December 2014.
National Lok Adalat on 23.11.2013 and State Mega Lok Adalat on 12.04.2014 and again
a National Lok Adalat on 6.12. 2014 were held.
On 23.11.2013 , 808 Adalats were organized in this State, in which 16,29,843 Cases
were referred, out of which 13,77,252 cases were settled. The amount awarded is
Rs.1140,32,91,487.00.
On 12.04.2014, 168 Adalats were conducted throughout the State, in which 15,08,767
Cases were settled, with an award of Rs. 939,40,45,686.00
On 06.12.2014, 181 Adalats were conducted throughout the State, in which 24,73,212
Cases were settled, with an award of Rs.2081,48,73,918.00.
PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES U/S.22-B OF THE ACT:
The Government of Tamil Nadu in its G.O. Ms.No.366, Home (Courts-IV) Department
dated 16.05.2014 has sanctioned Staff and infrastructure for establishment of Permanent
Lok Adalat in all the 32 Districts in the State of Tamil Nadu for public Utility Services as
directed u/s22-A (b) of the Legal Services Authorities (Amendment) Act, 2002.
On receipt of the above Orders from the Government of Tamil Nadu, the Tamil Nadu State
Legal Services Authority issued Proceedings Notification in TNSLSA No.4680/E/2009 dated
05.06.2014 for publishing the said notification in the Tamil Nadu Government Gazette,
Establishing Permanent Lok Adalat for public Utility Services as per the Act. The Permanent
Lok Adalat shall commence functioning on the assumption of Chairman and Members of the
Permanent Lok Adalat.
ALTERNATIVE DISPUTES RESOLUTION CENTRES:
A.D.R. Centres in 15 districts viz. Chennai, Vellore, Krishnagiri, Salem, Theni, Tiruvarur,
Madurai, Namakkal, Cuddalore, Ramanathapuram, Dindigul, Trichirappalli, Villupuram,
Tiruvannamalai and Kanchipuram @ Chengalpattu have been opened and are functioning.
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In 8 Districts viz. Nagapattinam, Sivaganga, Perambalur, Tiruvallur, Tirunelveli,
Thoothukkudi, Kanyakumari and Srivilliputhur constructions are over. In 2 districts viz.
Erode and Thanjavur construction work is under progress and in remaining 5 districts viz.
Pudukottai, Karur, Coimbatore, Dharmapuri and Nilgiris steps are being taken to make
constructions.
TELECAST OF NEETHI MANDRA SEYTHIGAL (NEWS FROM COURTS):
NEETHI MANDRA SEYTHIGAL (NEWS FROM THE COURTS), a 25 minutes sponsored
programme by the Tamil Nadu State Legal Services Authority is being telecasted from
30.09.2007 on every Sunday at 7.30 a.m. in Pothigai Channel in Doordarshan. This
Programme was extended for a further period of 52 weeks from 30.11.2014.
Functioning of Courts, various programmes and functioning of Tamil Nadu State Legal
Services Authority are being informed. Individual/Group/Panel discussions are being held.
Court News, Latest and important Judgement of Hon’ble Supreme Court, Hon’ble High Court
which require public attentions are also telecasted in the programme.
MOBILE VAN:
In propogation of Legal Aid Schemes / Programmes framed under the Legal Services
Authorities Act, as a part of publicity campaign in the State, Mobile Vans are being used.
Mobile vans are also used for conducting mobile Lok Adalats, legal awareness camps and
screening of publicity films using LCD Projector.
SPECIAL NEWS LETTER:
The Tamil Nadu State Legal Services Authority has released Special News Letter which
consists of Achievements and Activities of the Legal Services Institutions in Tamil Nadu.
FULL TIME SECRETARy:
The Government of Tamil Nadu has sanctioned 10 posts of full time Secretary in the
cadre of Civil Judges, (Senior Division) now re-designated as Senior Civil Judges in G.O.Ms.
No.1258, Home (Courts-IV) Department dated 29.12.2006.
For the above posts, 7 out of 10 posts were filled up by the Hon’ble High Court, Madras
on deputation basis and they are functioning in our State.
Further, this Authority has addressed the Government through the Hon’ble High Court,
Madras for sanction of 20 posts of full time secretaries for the remaining districts orders of
the Government are awaited.
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STATEMENT SHOWING THE NUMBER OF LOK ADALATS HELD,
CASES SETTLED AND AMOUNT AWARDED INCLUDING,
SPECIALISED LOK ADALATS, FOR THE PERIOD
FROM 2011 TO 2014
ABSTRACT
AMOUNT
AWARDED
RS.
79,714
476,31,44,720.00
4,966
78,291
701,34,40,251.95
2013
5,733
14,59,974
1840,55,11,674.57
2014
5,613
40,58,694
3391,99,69,293.00
ADALATS
HELD
CASES
SETTLED
2011
5,188
2012
YEAR
P.
NUMBER OF LEGAL LITERACY AND AWARENESS CAMPS HELD IN THE STATE
FOR THE PERIOD FROM 2011 TO 2014
PERIOD
NUMBER OF
LEGAL LITERACY
AND AWARENESS
CAMPS HELD
NUMBER OF
APPLICATIONS RECEIVED
IN THE CAMP
2011
3,882
30,384
2012
3,709
22,195
2013
4,145
15,848
2014
3,025
11,979
LEGAL AID CLUB
As per the National Legal Services Authority (Legal Aid Clinics Scheme ) 2010, Legal
Literacy Clubs/Legal Aid Clubs have been set up by the District Legal Services Authorities
and Taluk Legal Services Committees for the benefit of the under privileged among the
students: :
No. of Legal Aid Clubs in Schools
:
145
No. of Legal Aid Clubs in Colleges
:
45
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DETAILS OF PRISON ADALATS AND JAIL ADALATS
CONDUCTED AND CASES DISPOSED OF IN THE
CENTRAL PRISON AND SUB JAILS IN TAMIL NADU
FROM 2011 TO 2014
MONTH
Adalats Held
Cases Referred
Cases Disposed
2011
513
2,200
1,047
2012
55
228
125
2013
68
1,973
1,498
2014
78
2,909
2,265
Legal Services Rendered
From 2011 to 2014
MCOP
Crl.
Trial
Bail
Crl.
Appeal
Year
Non Judicial
Civil
Matrimonial
2011
28,531
11,315
2,554
307
10,084
4,528 1,049
2012
23,734
11,042
2,622
245
10,847
4,187 1,148
2013
16,867
11,811
2,636
692
12,539
4,269 854
2014
13,192
13,419
2,661
445
15,392
4,448 984
Statement showing Number of Legal and Non Legal applications
received and disposed of during the Period
from 2011 to 2014
Madras High Court
Year
Non Judicial
Civil
2011
28,531
11,315
2012
23,734
11,042
2013
16,867
11,811
2014
13,192
13,419
112
R e p ort 2011-2014
Statement showing Number of Pension Adalat Held,
Petitions received and disposed of during the Period
from 2011 to 2014
YEAR
ADALATS
HELD
TAKEN
AWARD AMOUNT
RS.
P.
2011
11
426
70
67,35,116.00
2012
11
406
59
95,69,780.00
2013
11
478
58
85,02,291.00
2014
11
892
154
4,46,55,572.00
SETTLED
NATIONAL LOK ADALAT HELD ON 23.11.2013
S.NO.
113
DISTRICTS
ADALATS
TAKEN
SETTLED
AWARD AMOUNT
RS.
P.
1
Chennai
4
3,82,147
3,73,981
339,85,00,383.00
2
Chengalpattu
7
1,54,788
1,16,839
54,33,99,798.00
3
Coimbatore
7
17,458
13,922
71,98,07,494.00
4
Cuddalore
7
19,391
18,177
36,69,20,564.00
5
Dindigul
7
30,584
28,215
12,63,48,570.00
6
Erode
6
86,435
82,744
23,55,98,358.00
7
Kanyakumari
5
5,942
4,802
8,28,76,572.00
8
Karur
2
6,919
2,824
87,53,91,279.00
9
Krishnagiri
10
32,443
18,823
34,61,73,356.00
10
Madurai
5
3,14,254
1,57,637
58,41,08,413.00
11
Nagapattinam
3
18,610
13,020
13,25,83,075.00
12
Namakkal
4
11,657
10,519
29,98,23,209.18
13
Nilgiris
4
11,437
10,593
3,42,65,311.00
14
Perambalur
3
12,186
7,767
13,14,35,912.00
15
Pudukottai
4
22,481
16,001
7,86,40,497.00
16
Ramanathapuram
6
7,544
3,758
4,83,51,205.00
17
Salem
5
36,200
21,224
23,55,31,617.00
18
Sivaganga
6
18,777
15,752
12,87,74,913.89
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S.NO.
DISTRICTS
ADALATS
TAKEN
SETTLED
AWARD AMOUNT
RS.
P.
19
Thanjavur
5
43,261
25,352
35,46,12,742.00
20
Theni
5
34,422
32,523
13,31,31,500.00
21
Tiruvallur
8
94,208
88,485
24,31,37,021.00
22
Tiruvarur
6
10,739
5,768
9,59,95,715.00
23
Trichirappalli
5
39,569
29,136
20,15,21,698.00
24
Tirunelveli
9
35,545
33,601
20,78,96,983.00
25
Tiruvannamalai
6
24,861
15,661
24,15,44,807.00
26
Thoothukkudi
6
6,886
4,450
6,57,63,701.00
27
Vellore
11
17,300
10,543
35,90,05,562.00
28
Villupuram
9
42,763
39,110
61,36,64,777.00
29
Virudhunagar
7
35,816
32,482
6,97,92,510.00
1
3,339
428
22,58,86,712.00
1
761
80
3,41,45,836.00
1
2,60,601
1,43,035
18,86,61,396.00
175
18,39,324
13,77,252
1140,32,91,487.07
30
31
32
HCLSC,
CHENNAI
HCLSC,
MADURAI
SLSA
GRAND TOTAL
STATE MEGA LOK ADALAT - 12.04 2014
S.NO.
DISTRICTS
ADALATS
TAKEN
SETTLED
AWARD AMOUNT
RS.
P.
1
CHENNAI
4
3,98,939
3,91,650
362,47,15,620.00
2
CHENGALPATTU
8
1,26,935
1,20,343
39,03,51,361.00
3
COIMBATORE
9
45,000
33,837
72,01,14,225.00
4
CUDDALORE
8
25,851
24,199
32,01,27,191.00
5
DINDIGUL
7
34,000
31,547
6,72,40,468.00
6
ERODE
8
82,175
81,123
39,62,07,472.00
7
KANYAKUMARI
5
10,662
6,491
2,41,32,751.00
8
KARUR
2
9,057
7,695
11,49,79,554.00
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R e p ort 2011-2014
S.NO.
DISTRICTS
TAKEN
SETTLED
AWARD AMOUNT
RS.
P.
9
KRISHNAGIRI
7
26,647
16,740
14,63,47,003.00
10
MADURAI
5
2,21,468
2,16,909
24,98,74,329.00
11
NAGAPATTINAM
4
32,000
28,688
6,12,50,807.00
12
NAMAKKAL
4
12,738
10,372
14,90,30,857.00
13
NILGIRIS
4
4,079
2,489
4,66,45,393.00
14
PERAMBALUR
4
6,983
5,316
5,04,94,100.00
15
PUDUKOTTAI
4
8,600
8,120
5,02,16,220.00
16
RAMNAD
4
9,553
7,217
2,63,89,275.00
17
SALEM
5
14,944
13,126
8,48,23,946.00
18
SIVAGANGA
3
14,365
9,260
3,91,60,264.00
19
THANJAVUR
6
41,262
31,517
15,20,27,848.00
20
THENI
3
27,500
27,931
8,04,93,710.00
21
TIRUVALLUR
6
2,21,875
2,14,374
70,93,69,236.00
22
TIRUVARUR
5
8,938
6,837
4,23,94,116.00
23
TRICHY
5
45,720
31,203
11,83,85,702.00
24
TIRUNELVELI
9
59,927
58,990
15,22,88,160.00
25
TIRUVANNAMALAI
6
23,187
11,538
9,06,73,860.00
26
THOOTHUKKUDI
6
27,243
25,327
3,47,39,508.00
27
VELLORE
10
34,000
29,390
28,31,97,903.00
28
VILLUPURAM
8
35,000
38,132
45,19,07,015.00
29
VIRUDHUNAGAR
6
16,809
14,211
8,37,35,017.00
30
HCLSC, MADRAS
1
1,383
141
7,44,28,927.00
31
HCLSC, MADURAI
1
821
98
3,83,80,859.00
32
STATE
AUTHORITY
1
29,000
3,956
30,29,22,989.00
16,56,661
15,08,767
939,40,45,686.00
Total
115
ADALATS
168
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Re p o rt 2011- 2 0 1 4
PRISON ADALAT HELD ON 07.09.2014
STATEMENT SHOWING NUMBER OF CASES TAKEN,
SETTLED AND NUMBER. OF PERSONS BENEFITTED.
S.No.
Name of the
District
No. of
cases
taken
No. of
cases
settled
No. of Beneficiaries
Men
Women
Total
1
Chennai
273
267
226
2
228
2.
Chengalpattu
298
269
179
11
190
3.
Coimbatore
43
43
39
0
39
4.
Cuddalore
155
141
75
6
81
5
Dindigul
45
28
28
0
28
6.
Erode
53
39
39
0
39
7
Kanyakumari
94
71
71
0
71
8.
Karur
-
-
-
-
-
9.
Krishnagiri
36
13
13
0
13
10
Madurai
27
23
23
0
23
11.
Nagapattinam
97
80
80
0
80
12
Namakkal
15
-
-
--
--
13.
Nilgiris
42
10
10
0
10
14
Perambalur
4
--
--
--
--
15.
Pudukottai
16
--
--
--
--
16
Ramanathapuram
18
16
11
0
11
17
Salem
526
455
446
9
455
18
Sivaganga
5
5
5
0
5
19
Thanjavur
32
6
6
0
6
20
Theni
26
11
11
0
11
21.
Tiruvallur
304
304
296
0
296
22.
Tiruvarur
22
10
10
0
10
23
Tiruchirappalli
56
54
48
0
48
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Name of the
District
S.No.
No. of
cases
taken
No. of
cases
settled
180
No. of Beneficiaries
Men
Women
Total
124
124
0
124
24
Tirunelveli
25
Tiruvannamalai
--
--
--
--
--
26
Thoothukkudi
4
4
4
0
4
27
Vellore
55
48
40
0
40
28.
Villupuram
80
69
25
0
25
29
Virudhunagar
---
---
---
--
--
2,508
2,092
1,809
28
1,837
Total
TAMIL NADU STATE LEGAL SERVICES AUTHORITY
NATIONAL LOK ADALAT ON 6.12.2014
S.No.
PRE-LITIGATION
Name of the
District
REFERRED
SETTLED
AMOUNT
REFERRED
SETTLED
AMOUNT
4,64,450
8,52,60,336 92,694
92,694
1136,93,43,018
75,364
2,50,48,071 37,073
37,073
80,22,90,611
459
15,92,84,608 27,275
27,275
58,44,97,790
1
Chennai
2
Chengalpattu
3
Coimbatore
459
4
Cuddalore
12,376
10,847
18,39,29,265 24,526
23,884
29,78,10,034
5
Dindigul
7,468
7,468
17,14,73,728 37,879
37,879
9,79,88,399
6
Erode
68,343
68,343
8,05,46,685 58,585
58,585
30,78,12,032
7
Kanyakumari
7,315
913
6,37,86,201 13,351
12,835
4,34,72,614
8
Karur
676
676
7,00,69,983 18,081
14,079
11,41,37,415
9
Krishnagiri
7,333
898
12,41,70,967 10,953
9,069
6,06,03,547
10
Madurai
2,52,147
16,34,85,568 58,826
23,197
45,40,74,301
11
Nagapattinam
2,854
810
3,29,17,175 32,887
30,763
4,47,63,194
12
Namakkal
3,834
3,834
1,11,92,567 57,288
52,882
7,44,22,282
13
Nilgiris
2,307
345
4,34,52,912 5,111
4,209
1,85,38,590
14
Perambalur
331
112
1,72,29,750 4,860
4,019
2,76,39,384
117
4,64,450
PENDING LITIGATION
75,364
2,52,147
Madras High Court
Re p o rt 2011- 2 0 1 4
S.No.
PRE-LITIGATION
Name of the
District
REFERRED
PENDING LITIGATION
SETTLED
AMOUNT
REFERRED
SETTLED
AMOUNT
5,970
3,37,68,350 8,316
6,999
3,67,94,268
15
Pudukottai
6,164
16
Ramanad
916
916
4,06,17,039 10,138
10,052
1,13,62,350
17
Salem
11,270
780
4,80,77,193 49,477
41,915
26,30,21,242
18
Sivaganga
531
531
2,69,02,440 19,880
19,880
1,73,07,144
19
Thanjavur
5,509
2,134
13,10,28,252 80,287
79,104
26,25,83,640
20
Theni
1,033
1,033
6,33,30,000 30,261
29,972
3,68,97,397
21
Tiruvallur
2,36,626
2,25,489
6,58,14,637 45,739
44,366
41,60,60,573
22
Tiruvarur
5,053
760
4,07,22,311 11,726
9,709
3,22,51,048
23
Trichy
9,631
1,334
10,00,59,957 48,357
42,843
7,85,72,073
24
Tirunelveli
38,505
33,070
6,72,50,348 24,825
23,056
8,05,82,687
25
Tiruvannamalai
7,498
3,715
5,25,88,150 14,233
12,977
8,08,50,383
26
Thoothukkudi
2,035
326
3,51,53,334 23,172
22,191
3,72,40,872
27
Vellore*
47,55,35,653 47,114
43,267
32,79,60,812
28
Villupuram
11,001
1,048
8,62,78,050 59,043
41,014
41,07,75,879
29
Virudhunagar
3,766
581
5,38,60,290 39,688
39,427
4,74,83,354
30
Ariyalur
964
917
4,42,90,627 6,178
6,178
31
Dharmapuri
734
734
8,71,11,188 14,348
14,348
12,59,29,805
32
Tiruppur
1,505
436
4,62,97,958 25,107
24,085
61,27,72,417
TOTAL
16,21,832
33
34
35
HCLSC,
Chennai
HCLSC,
Madurai
State Authority
Total
Madras High Court
3,73,834
3,63,695
15,30,135
273,05,33,593 10,37,278
9,39,826
36,52,751
1717,94,91,906
0
0
0 4,074
250
14,05,89,054
0
0
0 813
112
6,31,98,381
851
56,84,93,885
19,215
16,41,047
2,038
15,32,173
13,25,67,099 1,878
286,31,00,692 10,44,043
9,41,039
1795,17,73,226
118
R e p ort 2011-2014
UNION TERRITORY OF PUDUCHERRY
LEGAL SERVICES AUTHORITY (STATE AUTHORITY)
LOK ADALAT:
From 1998 to May 2003 as many as 1,838 cases were settled in Lok Adalats for a
staggering sum of Rs.7.22 crores. Continuous Lok Adalat came into being from May 2003.
As such continuous Lok Adalat was setup on 22-5-2003, to have sittings on every Monday
and Friday. This opened the gates for the parties to file directly before the Adalat cases of all
kinds, under section 19(5) (ii) of the Legal Services Authorities Act, 1987. That this institution
has gone down well with the people is clear from the frequency with which cases are filed
before it. Statistics are furnished below for the period 2003 - 2014 (June)
No. of sittings
: 900
No. of cases settled
: 10,920
Pendency
:15
Amount settled (in MACTOP Cases) : Rs.20,86,46,739/-
119
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Re p o rt 2011- 2 0 1 4
SPECIAL LOK ADALATS:
Parallel to the Continuous Lok Adalats, Special Lok Adalats are organized for the
specific needs of the Banks (nationalized and private), Insurance Companies., Cell phone
Companies, and the Government of Pondicherry. Number of Adalats were conducted from
June 2003 to June 2014 and the details are furnished below :
No. of Adalats
: 386
: 25,483
Total amount settled
: Rs. 24,89,38,784/-
LEGAL AID & LITERACY CAMPS:
This Authority also conducts Legal Aid and Legal Literacy Camps all over the Territory.
Complaints if any are heard from the people and solutions are suggested. Wherever
necessary, the complaints are taken to the office of the Authority and appropriately dealt
with. People are also educated on their legal rights, how and where to assert them, and
whom to be contacted for legal assistance etc.
From 01.01.2003 to 31.05.2014, 1,414 camps were conducted covering 4,039 vilages
(All regions), many villages were covered for the second and third time also to the benefit of
2,36,835 persons.
CONCILIATION CELL:
Seven Conciliation Cells function in the Union Territory of Pondicherry. Four in Pondicherry,
and one each in Karaikal, Mahe and Yanam. Details of assistance given through Conciliation
Cell for the period 2003 to 31.05.2014 are as follows:
Total no. of sittings
:
2,425
No. of beneficiaries
:
29,403
JAIL CLINIC
A Jail Clinic functions at the Central Prison every day from 2.00 p.m. to 5.00 p.m. Details
of assistance given through Jail Clinics for the period 2003, 2004, 2005, 2006, 2007 and
from 2008 to 2014 are as follows:
No. of visits
: 1,183
No. of grievances heard
: 9,313
No. of persons for whom
Advocate were appointed : 443
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SERVICES RENDERED BY LEGAL AID COUNSELS
All the Magistrate Courts in the Union Territory are provided with Legal Aid Counsels, as
detailed hereunder;
Name of the Court
No. of Legal Aid Counsel
1. Chief Judl. Magistrate, Pondicherry.
1
2. Judl. Magistrate - I, Pondicherry.
1
3. Judl. Magistrate - II, Pondicherry.
1
4. Judl. Magistrate, Karaikal.
1
5. Judl. Magistrate, Mahe.
1
6. Judl. Magistrate, Yanam.
1
From the year 2003 till 2014 the total number of persons benifited are 977
REGISTRATION OF MARRIAGES
During the Legal Aid camps conducted by this Authority in various villages in this Union
territory, one of the main subject where legal assistance was sought by the Public was nonregistration of marriages. Upto June 2014, 60 applications were received from Puducherry,
Karaikal, Mahe and Yanam regions for registration of marriage, of which 52 marriages have
already been registered and certificates were issued to the parties concerned.
OTHER ACTIVITIES:
1.
2.
3.
4.
121
On 23.01.2013, Union Territory of Puducherry Legal Services Authority organized
Legal Literacy Camp at Mangalam village, Villianur Commune, Puducherry. Around
400 women Self Help Group, Youth Association Members and Village Panchayat
member also participated and got benefitted.
On 25.01.2013, Union Territory of Puducherry Legal Services Authority conducted
one day refresher course for Village Legal Aid Clinic Advocates and Para Legal
Volunteers. The main aim of the programme was to serve the rural people and their
legal assistance. Around 50 persons participated in this function.
On 19.2.2013 and 24.02.2013, Union Territory of Puducherry Legal Services
Authority, Mangalam Society and NABARD jointly conducted Legal Literacy camp
at Madagadipet Palayam, Thiruvandarkoil, Vinayagampet and P.S. Palayam. The
women Self Help Group attended the camps. Around 300 persons got benefited.
On 08.03.2013, Women’s Day celebrations were jointly conducted by the Union
Territory of Puducherry Legal Services Authority and Kariamanickam Women Self
Help Group. Lectures were delivered about the various laws regarding the “Women’s
rights” and “Violence against women”. Around 500 persons got benefited.
Madras High Court
Re p o rt 2011- 2 0 1 4
5.
On 03.04.2013, Union Territory of Puducherry Legal Services Authority organized
Legal Literacy Camp at Nettapakkam village. Lectures were delivered on Women
rights. Around 150 Women Self Help Group members participated.
6.
On 17.04.13, Union Territory of Puducherry Legal Services Authority conducted
Legal Aid Camp at Villianur. In that camp about 200 persons got benefited.
7.
On 03.06.13, 05.06.13 and 13.06.13, Union Territory of Puducherry Legal Services
Authority, Myword N.G.O. and Village Self Help Group (women) jointly conducted
Legal Literacy camp at Lingareddy palayam, Katterikuppam and Pudukuppam.
Lecturers were delivered about the various laws. The Women Self Help Group
attended the camps. Around 270 persons got benefited.
8.
On 12.06.2013, U.T. of Puducherry Legal Services Authority and Labour Department
jointly organized the World day against child Labour. Around 200 Women Self Help
Groups and Nehru Yuvagendra Association members participated.
9.
The Puducherry Legal Services Authority has conducted Legal Aid Camps in various.
Villages in the Puducherry region. During this period, 125 Marriages were registered
and the Certificates were handed over to the beneficiaries.
10. 28 Lok Adalats were organized during the period from July to September, 2013, in
which 143 cases were settled, including 104 MACT cases and compensation to the
tune of Rs. 87,90,600/- was awarded to the Claimants.
11. 26 Legal Literacy Camps covering 78 villages were organized during the Period
from July to September 2013, in which 2,965 persons got benefited.
12. During July 2013, 539 persons were provided free legal aid, which includes 143
Scheduled caste, 148 Backward class, 164 Women, 29 Children and 83 General.
13. The Legal Services Authority organized refreshment course for Village Legal Aid
Clinic Advocates and PLVs on 23.07.2013. About 48 lawyers/PLVs were benefited.
14. Legal Literacy Camps were organized on 28.08.2013, 29.08.2013, 30.8.2013,
05.09.2013 and 30.09.2013 in association with Mangalam Society and Helpage
India, Puducherry Rotary Club and Puducherry HIV and AIDS Control Society.
15. On 05.10.2013, Union Territory of Puducherry Legal Services Authority and Buvan
Care (Senior Citizens Associations) jointly organized meeting Vaniga Vysial
Thirumana Mandapam at Villianur. Wherein 150 persons participated.
16. On 17.10.13, Union Territory of Puducherry Legal Services Authority and Puducherry
HIV and AIDS control society, Puducherry jointly conducted Legal Literacy
Programme about the Immoral Traffic Act to the Police Officials. Lecturers were
delivered about the various laws relating to immoral traffic Act and about 50 officials
participated.
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17. On 22.10.13, Union Territory of Puducherry Legal Services Authority and Adecom
Pinnagam (N.G.O) jointly organized Legal Literacy Programme at Ariyapalayam
village Villianur Commune, Puducherry. In that programme, Lectures were given on
various laws relating to Legal Services Authority Act and Juvenile Justice Act and
about 150 persons got benefited.
18. On 13.11.13, Union Territory of Puducherry Legal Services Authority and Pudhcherry
HIV and AIDS Control Society, Puducherry jointly conducted Legal Literacy
Programme at Police Training Office, Puducherry . Lecturers were delivered about
Senior Citizens Act & Cyber Crimes to the Police Officials and about 75 persons got
benefitted.
19. On 13.11.13, Union Territory of Puducherry Legal Services Authority has celebrated
Children Day at New Land English High School at Kombakkam, Puducherry. In that
function Para Legal Volunteers participated. About 300 students got benefited.
20. On 02.12.13 & 10.12.13, Union Territory of Puducherry Legal Services Authority and
Adecom Pinnagam (N.G.O), Puducherry jointly conducted Women Legal Awareness
Procession and Legal Literacy Programme. In the said Programme about 500
persons got benefit.
21. On 10.12.13 & 28.12.13, Union Territory of Puducherry Legal Services Authority
and Human Rights Association jointly conducted Legal Literacy Programme at
Tamil Sangam Hall at Vengattanagar and Rina Mahal at Oulgaret. Panel Advocates
participated in the programme and 600 persons got benefited.
22. On 23.11.2013 when the National Mega Lok Adalat was conducted, Puducherry
also contributed disposal of 18,042 cases, for a quantum of money value of
Rs.10,82,79,598.
23. On 06-01-2014, Union Territory of Puducherry Legal Services Authority organized
Legal Literacy Camp at Villanur, Puducherry. Lectures were delivered regarding
Women’s rights. Around 100 Women Self Help Group members participated.
24. On 24-01-2014, as per the directions of the NALSA, this authority opened additional
Village Care and Support Centre at Volontariat, Puducherry. About 200 people
participated in the programme.
25. On 17-02-2014 and 19-02-2014, Union Territory of Puducherry Legal Services
Authority and Mangalam Society, Puducherry jointly conducted Legal Literacy
camp/Legal Literacy programmes at Karikalampakkam and Korcadu Village at
Nettapakkam Commune. Lectures were delivered about Women’s rights, Domestic
Violence Act and various laws. Around 200 persons participated.
26. On 21-02-2014, Union Territory of Puducherry Legal Services Authority conducted
Legal Literacy Programmes at Middle School, Ariyankuppam, Puducherry. Para
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Legal Volunteer and Students numbering about 250 participated.
27. On 22-02-2014, Union Territory of Puducherry Legal Services Authority and Adecom
Binnagem, NGO jointly organized South Regional Seminar on Domestic Violence at
Veterinary Hospital Conference Hall, Puducherry. The Duty Counsels and Advocates
participated as Resource Persons. About 80 deligates attended the seminar.
28. On 08-03-2014, Union Territory of Puducherry Legal Services Authority and Women
Bar Association, Puducherry jointly Celebrated World Women’s Day in the premises
of the Women Bar Association, Puducherry. About 60 women advocate participated
in that programme.
29. On 04-04-2014, Union Territory of Puducherry Legal Services Authority and Taluk
Legal Services Committee, Mahe conducted Legal Literacy Programme at Conference
Hall, Civil Station, Mahe. About 250 participants attended the programme.
30. On 12.04.2014, the State Authority conducted Mega Lok Adalat and disposed of
6,468 cases for an award of Rs.9,87,96,664/- The District Legal Services Authority,
Puducherry and Taluk Legal Services Committees of Karaikal, Mahe and Yenam
also contributed their part.
31. On 14-04-2014, Union Territory of Puducherry Legal Services Authority and Taluk
Legal Services Committee, Yanam conducted Legal Literacy Programme at
Conference Hall, Mini Civil Station, Yanam. About 300 participants attended the
programme.
32. On 17-04-2014, Union Territory of Puducherry Legal Services Authority conducted
Legal Literacy Programmes at Volontariat, Thuthipattu village, Villanur Commune,
Puducherry. Lectures delivered. About various women law and 60 women students
attended the programme.
33. On 19-05-2014 and 20-05-2014, Union Territory of Puducherry Legal Services
Authority and Mangalam Society, Puducherry jointly conducted Legal Literacy
camp/Legal Literacy programmes at Vallalar Madam, Thattchavady. Lecturers were
delivered about Legal Services Authority Act, Domestic Violence Act and Consumer
Protection Act. Around 150 persons participated.
34. On 21-06-2014, Union Territory of Puducherry Legal Services Authority inaugurated
Legal Aid Clinic for Women in the office of the UTPLSA, Puducherry. Hon’ble Mr.
Justice N. Paul Vasantha Kumar, Judge, High Court, Madras & Executive Chairman,
UTPLSA, Puducherry directed to organize this Programme. In that Programme
Hon’ble Mr. Justice Satish K. Agnihotri, Acting Chief Justice of Madras and Patronin-Chief, UTPLSA inaugurated the Legal Aid Clinic for Women. Hon’ble Mr. Justice
K.K.Sasidharan, Judge, High Court, Madras & Committee Judge of UTPLSA and
Hon’ble Mr. Justice C.S.Karnan, Judge, High Court, Madras & Committee Judge
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R e p ort 2011-2014
of UTPLSA, Lok Adalat, etc., also graced the occasion. The Member Secretary
Dr. K. Arul, and the Duty Counsel Mr. A. Rashid also participated in the Programme.
35. On 30-06-2014, as directed the Hon’ble Patron-in-Chief and Executive Chairman,
UTPLSA Union Territory of Puducherry Legal Services Authority conducted the one
day Sensitization programme on HIV/ AIDS in coordination with the Puducherry AIDS
control Society for imparting training to Panel Advocates and Para Legal Volunteers
with regard to the removal of social stigma from the minds of general pubic against
the HIV/AIDS affected persons and most at risk population. The Member Secretary
Dr. K. Arul, with the Officers of the UTPLSA, Dr. D.Gurumurthy, Project Director,
Dr. N.Gideon Dharmakkan Sathyaraj, Deputy Director (STD), Thiru. M.Krishnamurthy,
Deputy Director (IEC) and Thiru. S.Settouramane, Asst. Director (CSM) Pondicherry
AIDS Control Society participated in this Programme. About 81 participants attended
the programme.
THE FUTURE PLAN:
»»
The Union Territory of Puducherry Legal Services Authority is concentrating in
educating people about their rights and duties, apart from legal and non-legal
requirements. On that venture, it has been proposed to have more number of
Village Legal Care and Support Centres in all the 30 Legislative Constituencies by
seeking temporary accommodation and assistance from the Local Administrative
Department (LAD), who also expressed their co-operation to extent the help to have
Village Legal Care and Support Centres. If it is done in all the jurisdictions, the
Union Territory of Puducherry Legal Services Authority would be a model State in
the country with more number of Village Legal Care and Support Centres, each
established within the radius of 3 kms.
»»
That apart there are a dozen professional colleges including two Law Colleges
and half a dozen of Arts and Science Colleges in this Union Territory, which will be
taken as a target for imparting instructions on the legal awareness by educating the
student communy.
»»
The Para Legal Volunteers are extending their marvelous support by attending all
the activities, for which they are meant for. The Para Legal Volunteers are given
periodical, adequate training for equipping their ability and skill in orderto discharge
their duties effectively to enable the people, who are all in need of legal services for
redressing their grievances.
»»
It is also noteworthy to mention that the State Authority is having a Mobile Van, which
is meant for conducting Awareness Camps and for conducting Mobile Lok Adalats in
various parts of the State namely Puducherry, Karaikal, Mahe and Yanam regions.
»»
The Members of the Puducherry Bar Association are having active participation oy
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Re p o rt 2011- 2 0 1 4
extending their helping hand in the activities of Legal Services Authority for referring
pending matters before the Courts in this Union Territory having rich population of
about twenty lakhs spread to the nearby States of Tamil Nadu, Kerala and Andhra
Pradesh.
»»
As narrated above, the Union Territory of Puducherry Legal Services Authority
is marching towards success in all its activities for enabling the stake holders to
have the benefits. Our plan is to make all the villages in the Union Territory to have
access to justice through Village Legal Care and Support Centres to resolve their
grievances.
»»
The Hon’ble the Chief Justice, High Court of Madras and Patron-in-Chief of UTPLSA
and the Hon’ble Executive Chairman, UTPLSA wish that all the villages in the
Union Territory of Puducherry be extended with the Village Legal Care and Support
Centres. It is also desired to have Village Clinics for Women with the help of Panel
Lawyers and Para Legal Volunteers throughout the State in the days to come.
»»
The Union Territory of Puducherry Legal Services Authority have opened Conciliation
Centres both at the Government General Hospital and Dr. Ambedkar Government
Law College. The Union Territory of Puducherry Legal Services Authority opened
18 Village Care and Support Centres in the already identified places. Exclusive
Legal Aid Clinic for women is functioning in the State Authority, in which the women
petitioners can have their grievances settled or referred to court with the help of the
Additional. Duty Counsel, who will have her sitting on Tuesdays and Fridays of the
week.
»»
It is also pertinent to pen down that the Taluk Legal Services Committee of Karaikal
now having the status of Judicial District will be established with the District Legal
Services Authority at Karaikal by taking necessary steps. By that the Union Territory
of Puducherry Legal Services Authority will be having two District Legal Services
Authorities and Two Taluk Legal Services Committees.
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Year-Wise Particulars
With Regard To Legal Awareness Camps And Beneficiaries
Year
No. of camps held
No. of beneficiaries
2011
169
26,715
2012
172
72,965
2013
126
16,120
2014
85
11,475
Total
552
1,27,275
Year-wise Particulars
With Regard To Lok Adalat Cases Settled And Amount Awarded
127
Year
No. of Adalats
(including all Adalats)
2011
284
10,131
5,80,56,989
2012
141
1,266
8,96,14,523
2013
157
683
2,24,85,272
2014
104
7,423
13,89,57,617
Total
686
19,503
30,91,14,401
Award amount ( ` )
Madras High Court
Re p o rt 2011- 2 0 1 4
TAMIL NADU MEDIATION AND CONCILIATION CENTRE
Alternative Dispute Resolution Centre for Chennai District was inaugurated on 20.08.2013
by the Hon’ble Mr.Justice P.Sathasivam, then Chief Justice of India in the presence of then
Chief Minister of Tamil Nadu, Hon’ble Judges of the Supreme Court of India and Hon’ble
Judges of the High Court of Madras participated in the function
The Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, conducted the
Southern Regional Conference on Mediation at Chennai on 13.12.2014. The States of Andhra
Pradesh, Telengana, Karnataka, Kerala, Tamil Nadu and Union Territory of Puducherry
have participated in the Conference. The Hon’ble Mr.Justice F.M.Ibrahim Kalifulla, Judge,
Madras High Court
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R e p ort 2011-2014
Supreme Court of India and the Hon’ble Mr.Justice Madan B.Lokur, Judge, Supreme Court of
India, have graced the occasion. The Hon’ble Mr.Justice Sanjay Kishan Kaul, Chief Justice,
High Court of Madras / Patron-in-Chief, Tamil Nadu Mediation and Conciliation Centre,
the Hon’ble Mr. Justice Kalyan Jyoti Sengupta, Chief Justice, High Court of Judicature at
Hyderabad for the State of Telengana and Andhra Pradesh, Hon’ble Mr. Justice Satish
K.Agnihotri, Judge, High Court of Madras, Hon’ble Mr.Justice M.Jaichandren, Chairman,
Tamil Nadu Mediation and Conciliation Centre, Hon’ble Mr.Justice B.Rajendran and Hon’ble
Ms. Justice K.B.K.Vasuki, Members, Tamil Nadu Mediation and Conciliation Centre and
other Hon’ble Judges of the participating States have participated in the Conference.
Colloquium on Mediation
Colloquium on Mediation was held on 21.05.2014 in
the presence of Hon’ble Mr. Justice Surinder Singh Nijjar,
Judge, Supreme Court of India, Hon’ble Mr. Justice Satish
K.Agnihotri and Hon’ble Mr. Justice V.Dhanapalan, Judges
of the High Court of Madras, The Hon’ble Judges of the
High Court, the Judicial Officers of Chennai District and the
Mediators of the Tamil Nadu Mediation and Conciliation
Centre participated in the Colloquium.
Distribution of Accreditation Certificates:
The Hon’ble Mr.Justice Markandey Katju, then Judge, Supreme Court of India, has
distributed Accreditation Certificates to 41 Mediators of the Tamil Nadu Mediation and
Conciliation Centre, High Court, Madras on 26.08.2011.
Interactive Session with Japanese Mediators:
The Hon’ble Ms. Justice K.B.K.Vasuki, Judge,
High Court, Madras/ Member, Monitoring Committee
for Tamil Nadu Mediation and Conciliation Centre, and
two eminent Mediators namely Ms.Keiko Konuma and
Ms.Misao Matsumura, Mediators from Sapprow, Japan,
had an interaction with the Mediators of the Tamil Nadu
Mediation and Conciliation Centre on 03.04.2014.
The Tamil Nadu Mediation and Conciliation Centre,
the first court annexed Mediation Centre in India, imparts
training in mediation to the Judicial Officers, Advocates and General Public. The orientation
programme on mediation creates awareness and the benefits of Mediation. The Basic
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Training Programme on Mediation imparts three days training to the advocates to enable
them to function as Mediators. The Advanced Training on Mediation is imparted to the
Mediators for two days to improve their skills in Mediation. The Tamil Nadu Mediation and
Conciliation Centre, has conducted the following training programmes between 2011 and
2014.
(a) Orientation Programme
Sl.No. Conducted During
Participants
2619 Advocates and 591 Judicial Officers from
30 Districts in the state of Tamil Nadu
Judicial Officers and Bar Members of the Union
Territory of Puducherry
1.
February 2011 to March 2011
2.
February 2012
3.
March 2012
Bar Members of the Karaikal Bar Association
4.
November 2013
Bar Members of the Karikal Bar Association
5.
February 2014
220 Students from Government Law College,
Chengalpattu
6.
March 2014
120 Advocates of Chennai District
(b) Basic Mediation Training Programme
Sl.No.
Conducted
During
Participants
1.
August 2012
40 Advocates from Madurai District Bar Association
2.
July 2013
33 Advocates from Vellore District Bar Associations
3.
July 2013
21 Advocates from Dindigul District Bar Associations
12 Advocates from Thoothukudi District Bar Associations
4.
October 2013
33 Advocates from Kanniyakumari District Bar Associations
5.
November 2013
32 Advocates from Tiruvallur District Bar Associations
6.
February 2014
14 Advocates from The Nilgiris District Bar Associations
7.
March 2014
27 Advocates from Tiruppur District Bar Associations
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(c) Advanced Training Programme
Sl.No.
1.
2.
3.
Conducted
During
Special Skills on Mediation Training Programme was
conducted for 116 Advocates / Mediators in four batches
by Mr.Greg Releyea, Trainer, Institute for the Study and
March 2012
Development of Legal Systems (San Francisco, CA) for the
Mediators of Tamil Nadu Mediation and Conciliation Centre
both in the Principal Seat at Chennai and at Madurai Bench.
Special Skills on mediationTraining Programme was
conducted for 60 Mediators of Tamil Nadu Mediation and
Conciliation Centre by Mr.Victor Schachter, President,
September 2013
Foundation For Sustainable Rule of Law Initiatives, California,
U.S.A.and Ms.Laila Ollapally, Co-ordinator of the Bangalore
Mediation Centre on 21.09.2013.
Advanced
Training Programme
on Mediation was
conducted for 119 Advocates of the Districts of Dindigul,
November 2014
Sivaganga, Virudhunagar, Theni, Madurai, Tirunelveli and
Ramanathapuram on 08.11.2014 & 09.11.2014
(d) Referral Judges’ Training Programme
Sl.No.
Conducted
During
Participants
1.
August 2012
Judicial Officers of Thiruchirappalli District
2.
November 2014
116 Judicial Officers of Dindigul, Sivaganga, Virudhunagar,
Theni, Madurai, Tirunelveli and Ramanathapuram Districts.
(e) Trainers’ Training Programme
Sl.No.
1.
131
Conducted
During
Participants
2012
25 Advocates from Tamil Nadu mediation and conciliation
centre / Mediators were trained by Mr.Rahim Shamji,
Barrister & Mediator, Director of Civil / Commercial Education
and Training and International Project, United Kingdom at
Chennai.
Madras High Court
Re p o rt 2011- 2 0 1 4
RELEASE OF NEWS LETTER:
The fourth Newsletter of Tamil Nadu Mediation and Conciliation Centre was released by
Hon’ble Mr. Justice Madan B. Lokur, Judge, Supreme Court of India, on the occasion of the
Southern Regional Conference on Mediation.
INFRASTRUCTURE DEVELOPMENTS
Inauguration of New Mediation Halls:
On 14.03.2012 the Hon’ble Mr.Justice M.Y.Eqbal, former Chief Justice, High Court,
Madras / Judge, Supreme Court of India, New Delhi, inaugurated the New Mediation Halls
to the extent of 3000 sq.ft. at the Tamil Nadu Mediation and Conciliation Centre, High Court,
Madras.
The Salient features of the New Mediation Halls are as follows:
»»
An air-conditioned mediators’ lounge – a little space for the mediators to interact,
unwind and freshen up:
»»
An Impressive reception for receiving and griddling the parties to mediation:
»»
A Committee Room for committee meetings:
»»
A Library, being developed with consistent gathering of materials:
»»
Training Facility: Now the Centre is designed in such a way that the regular mediation
trainings can be held at the centre itself:
»»
Working conditions: The staff have also been provided with modern work stations,
computers and other necessities:
Madras High Court
132
R e p ort 2011-2014
»»
The setting up of New Mediation Halls has changed the pattern of mediation sittings
from after Court hours to regular Court hours. The proportion of referrals and the
percentage of settlement have also increased after the inauguration of the new
mediation halls.
Inauguration Of District Mediation Centres At Chennai:
The Hon’ble Mr.Justice M.Jaichandren, Judge, High Court, Madras / Chairman, Tamil
Nadu Mediation and Conciliation
Centre, inaugurated the City
Civil Court, Family Court and
Labour Court Mediation Centres
on 06.02.2014 at the Alternative
Dispute Resolution Buildings,
High Court Campus, Chennai,
in the presence of the Hon’ble
Mr.Justice K.Kalyanasundaram,
Judge, High Court of Madras.
Mediation And Institutionalised Arbitration
Interactive Session on Mediation and institutionalised arbitration was convened on
14.08.2014 at Chennai by the Hon’ble Chief Justice to ascertain the views of the Hon’ble
Judges of Madras High Court for utilizing Mediation and Arbitration as effective tools of
Alternative Dispute Resolution Mechanism both in the High Court and in the Subordinate
Courts.
Statistics:
The Statistical Information of the District Mediation Centre in the State of Tamil Nadu:
133
YEAR
TOTAL NUMBER OF CASES
REFERRED
TOTAL NUMBER OF CASES
SETTLED
2011
2743
342
2012
3159
517
2013
4035
799
2014
6019
970
Madras High Court
Re p o rt 2011- 2 0 1 4
TAMIL NADU STATE JUDICIAL ACADEMY, CHENNAI
Training Programme for Advocates
In the gracious presence of Hon’ble Mr. Justice P.Sathasivam, the then Chief Justice of
India, inaugural function of the launch of the programme, “Redefining Legal Practice for
Advocate - Generation Next” at district level, was held on 15.12.2013 at Tamil Nadu State
Judicial Academy.
Southern Regional Round Table Conference on Effective Implementation of juvenile
Justice (Care and Protection of Children Act, 2000)
Madras High Court
134
R e p ort 2011-2014
The High court of Madras and the Tamil Nadu State Judicial Academy, in coordination
with the UNICEF, organized the Southern Regional Round Table Conference on Effective
Implementation of Juvenile Justice (Care and Protection of Children Act, 2000). The
participants included the Principal Magistrates of the Juvenile Justice Boards, Directors of
the State Judicial Academies, the Member Secretaries of the Legal Services Authorities,
the Secretaries to the State Governments, top-level Police officers, Child Welfare Comity
Members, NGO Representatives, and the UNICEF Officials from all the Southern States,
viz. Andhra Pradesh, Karnataka, Kerala, Puducherry, Tamil Nadu and Telangana.
International Conference on Emerging Trends in Intellectual Property Regime
The International Conference on Emerging Trends in Intellectual Property Regime was
held from 19 to 21st December, 2014. Hon’ble Supreme Court Judges, Eminent Jurists with
the specialized knowledge on the subject from India as well as foreign countries, one High
Court Judge and two District Judges from the other High Courts, Hon’ble Judges of High
Court of Madras and District Judges from the State of Tamil Nadu and the Union Territory of
Puducherry participated in the conference.
TRAINING PROGRAMMES:Training programmes conducted during the years 2011-2014 by the Academy, to the
Judicial Officers/Advocates/Staff of the High Court of Madras and the Staff of the District
Courts.
135
Madras High Court
Re p o rt 2011- 2 0 1 4
2011
Sl.
No.
1.
2.
3.
4.
Programme description
Interactive Session for Civil Judges (Senior
Division) on Application of Procedural Laws in Civil
Cases
Refresher Course for Civil Judges (Junior Division)
I Batch - (12.02.2011 & 13.02.2011)
II Batch - (19.02.2011 & 20.02.2011)
III Batch - (05.03.2011 & 06.03.2011)
IV Batch - (19.03.2011 & 20.03.2011)
V Batch - (04.06.2011 & 05.06.2011)
Training Programme for Public Prosecutors &
Judicial Officers
Training Programme for Newly appointed District
Judges (Entry Level)
Period
No. of
Participants
08.01.2011
30
502
15.02.2011
130
18.02.2011
&
21.04.2011
16
Refresher Course for Civil Judges (Senior Division)
5.
I Batch - 26.02.2011 & 27.02.2011
II Batch - 12.03.2011 & 13.03.2011
III Batch - 18.06.2011 & 19.06.2011
255
6.
Refresher Course for District Judges under the
aegis of 13th Finance Commission
26.03.2011
&
27.03.2011
122
7.
Interactive Session on Execution Proceedings
11.06.2011
120
8.
9.
23.07.2011
and
24.07.2011
Training Programme on "The Protection of Women 30.07.2011
from Domestic Violence Act, 2005" for Metropolitan/
and
Refresher Course for District Judges, Fast Track
Court Judges & Chief Judicial Magistrates
Judicial Magistrates
10.
Training Programme on MACTOP Cases in
Association with ICICI Lombard Insurance Co. Ltd.,
Madras High Court
31.07.2011
17.09.2011
and
18.09.2011
91
35
75
136
R e p ort 2011-2014
2012
Sl.
No.
1.
2.
3.
4.
5.
Period
No. of
Participants
Refresher Course for District Judges
I Batch - 07.01.2012 & 08.01.2012
II Batch - 14.07.2012 & 15.07.2012
III Batch - 22.09.2012 & 23.09.2012
Refresher Course for Senior Civil Judges
I Batch - 21.01.2012 & 22.01.2012
II Batch - 03.03.2012 & 04.03.2012
III Batch - 23.06.2012 & 24.06.2012
IV Batch - 23.06.2012 & 24.06.2012
V Batch - 01.09.2012 & 02.09.2012
Workshop on “Human Rights and Refugee
Protection in India” for Civil Judges
Refresher Course for Civil Judges
I Batch - 11.02.2012 & 12.02.2012
II Batch - 10.03.2012 & 11.03.2012
III Batch - 17.03.2012 & 18.03.2012
IV Batch - 09.06.2012 & 10.06.2012
South Zone Regional Judicial Conference on Role
of Courts in Protection of Human Rights
6.
One Day Programme for District Judges
7.
Seminar on “Intellectual Property Rights” for Judges
8.
Training Programme for High Court Staff
9.
137
Training Programme for Civil Judges in Child
Psychology/Child Welfare as stipulated under
Section 4(3) of Juvenile Justice (Care & Protection
of Children) Act, 2000
I
II
III
IV
Batch
Batch
Batch
Batch
-
-
-
-
07.07.2012 & 08.07.2012
28.07.2012 & 29.07.2012
04.08.2012 & 05.08.2012
29.09.2012 & 30.09.2012
206
201
21.01.12 to
22.01.12
35
306
24.02.12 to
26.02.12
85
28.04.12
52
30.06.12 to
01.07.12
35
30.06.12
40
265
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.
No.
Period
No. of
Participants
10.
Training Programme for Assistant Section Officers
from High Court Madras
28.07.12
40
11.
Training Programme for P.A. to Hon’ble Judges
11.08.12
40
12.
Induction Training Programme for the Newly
Recruited Civil Judges - 2012 Batch
15.10.12 to
11.01.13
164
Period
No. of
Participants
2013
Sl.
No.
1.
2.
3.
4.
5.
6.
7.
8.
Training Programme for the Newly Promoted
Senior Civil Judges
Induction Training Programme for the Newly
Recruited Civil Judges - 2012 (Batch - II)
Training Programme for the Ministerial Staff
Regional Training Programme for Senior Civil
Judges on "An Overview of Law Relating to Motor
Insurance"
At Madurai
- 09.02.2013
At Coimbatore- 09.03.2013
At Chennai - 16.03.2013
Induction cum Training Programme for the Court
Managers
Training Programme for Judicial Officers and
System Officers on Change Management and
Ubuntu Operating System
In-service Training Programme to the Ministerial
Staff of Subordinate Judiciary at each District
Training Programme on UBUNTU Software in
Districts to Judicial Officers and Staff
I Batch - 23.02.2013 & 09.03.2013
II Batch - 16.03.2013 & 17.03.2013
III Batch - 23.03.2013 & 24.03.2013
Madras High Court
19.01.13 &
20.01.13
30.01.13 to
15.04.13
09.02.13 &
30.06.13
42
165
229
16.02.13
59
16.02.13 &
17.02.13
110
23.02.13
138
R e p ort 2011-2014
Sl.
No.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
139
Special Training Programme on "Speedy Disposal
of Vigilance and Anti-Corruption Cases"
Training Programme to the Principal District
Judges, Chief Administrative Officers, Court
Managers at Madurai Bench of Madras High Court,
Madurai
Training Programme on UBUNTU Software &
Change Management by Master Trainers from
Kerala
I Batch - 16.03.2013 & 17.03.2013
II Batch - 30.03.2013 & 31.03.2013
III Batch - 23.03.2013 & 24.03.2013
Special Program for District Judges on "Women
and Children-Role of Courts"
Sharing Best Practices at TNSJA and Different
Courts at Chennai by Orissa Judicial Officers
Training Programme for the Newly Recruited &
Newly Promoted District Judges
One day Training Programme for newly recruited &
newly promoted District Judges on An Overview of
Law relating to Motor Insurance
I Batch - 06.05.2013 and 07.05.2013
II Batch - 26.06.2013
Refresher Programme for Directly Recruited District
Judges (2011 Batch)
High Court Staff Training Programme
Training Programme for Master Trainers from Tamil
Nadu and other States on UBUNTU OS
Special Programme for all District Judges and
Chief Judicial Magistrates on Effective District
Administration and Court Management
Period
No. of
Participants
23.02.13
130
16.03.13
40
70
23.03.13
08.04.13 to
12.04.13
13.04.13 to
14.04.13
27.04.13
176
55
28
28
06.05.13 to
07.05.13
03.05.13 to
08.05.13
02.05.13 to
09.05.13
13.06.13 to
16.06.13
15.06.13 &
16.06.13
17
29
178
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.
No.
21.
22.
Regional Training Programme on "Budget
Preparation" for the Staff of the Subordinate Courts
At Madurai
- 02.07.2013
At Coimbatore - 19.07.2013
At Chennai
- 26.07.2013
I Batch - 17.08.2013 & 18.08.2013
II Batch - 31.08.2013 & 01.09.2013
23.
Induction Training Programme for Civil Judges
24.
25.
26.
27.
28.
29.
30.
31.
32.
Period
Special Training Programme for Judges of Family
Courts
Training Programmes on Mediation for Senior Civil
Judges
Exchange Programme - Deputation of Judicial
Officers in the Cadre of Civil Judges
To Delhi
- 18.09.2013 to 21.09.2013
To Karnataka
- 25.09.2013 to 28.09.2013
To Kerala
- 23.10.2013 to 26.10.2013
To Andhra Pradesh - 06.11.2013 to 09.11.2013
Training programme for Civil Judges
Seminar on "Corporate Social Responsibility
and Alternative Dispute Resolution
Special Training Programme on Child Psychology /
Child Welfare
Special Programme (on Refugees) for The
Secretaries of the District Legal Services Authority
of Tamil Nadu & Puducherry & Civil Judges
Special Programme for The Presiding Officer
of Industrial Tribunal, Chennai & Presiding Officers
of Labour Courts in Tamil Nadu & Puducherry
Madras High Court
No. of
Participants
134
120
10.09.13 to
09.11.13
14.09.13 &
15.09.13
14.09.13 &
15.09.13
14.09.13 &
15.09.13
12
60
07
40
80
21.09.13 &
22.09.13
100
28.09.13
30
26.10.13 to
27.10.13
81
26.10.13 to
27.10.13
106
26.10.13 to
27.10.13
11
140
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Sl.
No.
33.
34.
Special Programme on Conclusion of the Induction
Training Programme Newly Recruited Civil Judges
Southern Regional Conference on POCSO Act,
2012
Period
No. of
Participants
09.11.13
157
16.11.13 to
17.11.13
145
30.11.13
106
35.
Refresher Programme for Senior Civil Judges
36.
Training Programme on Mediation for Presiding
Officers of Family Courts of Tamil Nadu and
Puduchery
30.11.13 &
01.12.13
46
37.
One Day Special Programme for District Judges
07.12.13
105
38.
Inauguration of Redefining Legal Practice for
Advocates –Next Generation (0 -10 Years Practice)
at District Level
15.12.13
66
2014
Sl.
No.
l.
Period
No. of
Participants
Programme on Protection of Children from Sexual
Offences Act, 2012
04.01.2014
63
04.01.2014 &
05.01.2014
25.01.2014*
26.01.2014 and
08.02.2014 &
09.02.2014
31.01.2014 to
02.02.2014
2.
Continuing Legal Education and Professional
Development Programme for District Court
Lawyers Vellore, Salem, Tirunelveli, Cuddalore,
Thanjavur, Trichy, Coimbatore, Madurai, Chennai
3
Regional Judicial Conference on "Role of Courts
in Upholding Rule of Law"
4
Judicial Colloquium on Anti-Human Trafficking
15.02.2014
139
5
Workshop on "Child Rights and Child Labour
Issues"
22.02.2014
25
6
Special Training Programme for District Judges
01.03.2014
98
7
Special Training Programme for Civil Judges
05.04.2014
153
8
Special Training Programme for District Judges
14.06.2014
100
141
2620
121
Madras High Court
Re p o rt 2011- 2 0 1 4
Sl.
No.
Period
I Batch - 14.06.2014 & 15.06.2014
II Batch - 13.09.2014 & 14.09.2014
9.
III Batch - 08.11.2014 & 09.11.2014
IV Batch - 22.11.2014 & 23.11.2014
V Batch - 13.12.2014 & 14.12.2014
Refresher Course for Senior Civil Judges
10. I Batch - 21.06.2014 & 22.06.2014
II Batch - 09.08.2014 & 10.08.2014
11
12
13
14
15
16
17
18
Special Programme for Presiding Officers of
Family Court Judges / Labour Court Judges/
NDPS Court Judges and Senior Civil Judges
Ministerial Staff Training Programme for Junior
Assistants / Copyists / Typists / Readers /
Examiners at District Head Quarters
One-day Training Programme for Sensitization
and to Create Awareness on the Juvenile Justice
System for Judicial officers and Additional Public
Prosecutors
I Batch - 09.08.2014
II Batch - 27.09.2014
III Batch - 01.10.2014
Training Programme for Presiding Officers of
Special Courts under PC Act / CBI Courts and
Mahila Courts
Redefining Legal Practice for Advocates Generation Next (0-10 years practice) - Phase
II - Tirunelveli, Thanjavur, Trichy, Chidambaram,
Chennai, Coimbatore and Madurai Zones
Workshop on Bonded Labour Law for Civil
Judges
Madras High Court
No. of
Participants
426
197
12.07.2014 &
13.07.2014
63
19.07.2014 &
20.07.2014
Z3
19.07.2014
3729
03.08.2014
33
464
23.08.2014 &
24.08.2014
Z9
23.08.2014 &
24.08.2014 and
13.09.2014 &
14.09.2014
3711
07.09.2014
166
142
R e p ort 2011-2014
Sl.
No.
Period
No. of
Participants
20.09.2014
1595
20.09.2014 &
21.09.2014
180
11.10.2014 to
12.10.2014
135
02.11.2014
33
Ministerial Staff Training Programme at District
Headquarters
Training Programme on Criminal Investigation
20
and Trial Proceedings for Public Prosecutors
Southern Regional Round Table Conference
21 on "Effective Implementation of Juvenile Justice
(Care and Protection of Children) Act, 2000"
Meeting of Principal District Judges (Head of the
22 District) to Review the Conduct of the Advocate
Training Programme at District Headquarters
Exchange Programme - Deputation of Judicial
Officers in the Cadre of Civil Judges
23. To Maharashtra - 10.11.2014 to 13.11.2014
To Jharkhand
- 18.11.2014 to 21.11.2014
To Chandigarh - 09.12.2014 to 12.12.2014
Ministerial Staff Training Programme for Head
24 Clerks -Category II / Central Nazir / Sheristadars /
Chief Administrative Officer / Court Manager
International Conference on Emerging Trends in
25
Intellectual Property Regime
19
92
13.12.2014
19.12.2014 to
21.12.2014
150
Exchange Programmes to Other States from Tamil Nadu
In pursuance of the proposal of the National Judicial Academy, TNSJA had drawn up a
framework on sharing best practices being adopted in various states of the country, and the
newly recruited civil judges (2012 Batch) were deputed to New Delhi, Karnataka, Kerala,
Andhra Pradesh, Maharashtra, Jharkahand and Chandigarh.
Training Programme for Public Prosecutors
With an object to enhance the professional competence of the Public Prosecutors, a
training programme was held on 20 and 21st September, 2014.
Decentralisation of Training Programmes
Corresponding to the increase in litigations being filed in District-level Courts, there is
an increase in the number of judicial officers and staff members. Further, in order to cut
expenditure on organizing the training programmes for the judicial officers, young advocates,
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and the staff members, it was decided by the Hon’ble Governing Body of TNSJA to
decentralize the training programmes to the District Headquarters. The above decision was
taken, considering the scenario in future that the stakeholders of the justice delivery system
require to be inculcated training on the legal and social trends emerging from time to time,
as often as required. In pursuance of this decision, every District Headquarters was allotted
funds to the tune of Rs.4.37 lakhs, aggregating Rs.1.45 Crores, for providing information
technology infrastructure, so that with the aid of technology, the training programmes for
the target group of judicial officers, advocates and staff members, could be conducted at
every District Headquarters, wherever required, without any administrative hassles. The
particulars of computers and other gadgets and consumables, which were provided for
every District Headquarters, are four numbers of Desktop Computers, UPS, two numbers
of Laser Jet Printers with Toner and Photocopier, Projector with Screen and Presenter Plus.
Online facilities to Judicial Officers
The laptops of the judicial officers functioning in Tamil Nadu and Puducherry, were installed
with online journals, viz. Supreme Today and Law weekly.
E-Journal
The Academy publishes every month for circulation to the judicial officers, an
E-Journal
consisting of important judgments of the Supreme Court and the Madras High Court. This
E-Journal is also updated on the website of the Academy.
Mobile Phone Law Software (MOBILEX) application
As an extension of the training materials supplied to the judicial officers to enhance
their knowledge of law and procedure, the Governing Body of the judicial academy, had
approved provision of Mobile Phone Law Software (MOBILEX) application to all the judicial
officers, under the aegis of the 13th Finance Commission Grant. This would enable them to
access to 71 important Central Acts. This facility was inaugurated by the Hon’ble Mr. Justice
M.Y.EQBAL, the then Chief Justice of the High Court of Madras, on 18.06.2011. By using
this software provided in their mobile phones, the judicial officers can refer to the 71 Central
Acts in seconds without any network connection. It has been designed in a unique format
in which user interface is very simple and easy to use. The software is a ready reckoner to
the judicial officers.
List of Publications of the Academy
The following books penned by the then Chief Justice of the High Court of Madras, the
Hon’ble Mr. Justice M.Y. Eqbal, presently the Judge, Supreme Court of India, were published
by the Tamil Nadu State Judicial Academy.
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1.
Exparte Decree and Duty of the Court
2.
Interlocutory Applications - Duty of the Courts
3.
Duty of Executing Courts in Speedy Disposal of Section 47 C.P.C. Objections and
Execution Proceedings
4.
Adjournments-Duty, Responsibility & Accountability of Courts/Lawyers
5.
Appealable Orders (Myths & Realities)
6.
Plight of Victims & Duty of Courts (Motor Accident Claims)
The other books, which were published by TNSJA are as follows:
1.
Effective District Administration;
2.
Courts - Staff - Registers - Legal Procedures: A Guide for Judicial Ministerial Staff
(Chennai City);
3.
Courts-Staff-Registers - Legal Procedures: A Guide for District Judiciary;
4.
Important Legal Provisions at a Glance (English & Tamil)
5.
Speeches delivered by Hon’ble Mr. Justice P.Sathasivam, Chief Justice of India at
Tamil Nadu State Judicial Academy
6.
Induction Training Programme Study Material 2012 for Civil Judges
7.
Study Material for High Court Staff
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Regional Centres of Tamil Nadu State Judicial Academy at Madurai and Coimbatore
▪ Regional Judicial Academy, Coimbatore
The Academy has received Rs.15 Crores under 13th Finance Commission Grant, towards
the Head “Building of Infrastructure” and the Hon’ble High Court had utilized the said amount
and also the additional grant of Rs.2 Crores from the State Government to construct two
Regional Centres, one at Madurai, and the other at Coimbatore. The construction of the
Regional Centre is nearing completion. The High Court of Madras has also addressed the
Government for sanction of staff and other infrastructure facilities and orders are awaited
from the government.
▪ Regional Judicial Academy, Madurai
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Part D
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Innovative Reforms – Marching Towards Excellence
Many initiatives have been taken in the recent past not only in the nature of administrative
reforms but also towards upkeeping the judicial discipline, reforming the case management
and heading towards digitization and preserving the case bundles intact.
The following would stand as testimonials for our commitment to strive to exceed the
expectations. In fact, the year of 2014 has seen major developmental activities. To narrate,
On Judicial Side:
1.
On 11.6.2014, as directed by the Hon’ble the Acting Chief Justice, an Official
Memorandum was issued directing the Registry to upload all the daily orders and
judgments, except cases relating to matrimonial matters (Family Courts), Juvenile
Justice Act, Official Secrets Act, Intelligence Agencies, domestic violence, sexual
offences against women and children etc. on the High Court’s website and the P.As
to the Hon’ble Judges were directed that before uploading such daily orders and
judgments, they must ensure that judgments/orders in cases of the above said
categories are not marked for uploading.
2.
The centuries old practice of filing the cases in folded papers before the Courts,
since proved to be unsafe for the papers getting damaged and the contents therein
getting faded, given the natural wear and tear, has been replaced by a new filing
system called ‘Flat filing system’ introduced both at the Principal Seat at Madras
and at the Madurai Bench in respect of all cases, w.e.f. 3.11.2014 and it is a great
success with the over-whelming response and co-operation from the Members of
the Bar.
3.
For the hearing and disposal of Division Bench matters, Six Hon’ble Division Benches
have been constituted. Cases of senior citizens are given priority and all categories
of cases of senior citizens are listed for early disposal before the concerned
Benches. Cases wherein interim stay, interim injunction have been granted by the
Hon’ble Court against the trial of cases pending before the lower courts are collected
categorywise and such cases are listed before the Hon’ble Courts as per the roster,
paving way for the disposal of cases pending before the lower courts. Separate
single Benches are provided with final hearing of Criminal Appeals, Criminal
Revision and Criminal Original Petitions of all the years. Cases relating to offences
against women are listed on priority basis. In addition to the existing Master Court,
four Additional Master Courts were constituted to record evidence so as to facilitate
and save precious time of Hon’ble Courts, hearing suits. In order to reduce the
pendency of old cases in all categories chronologically, a circular was issued on
05.09.2014 by the Registrar General, High Court, Madras, as per the directions of
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the Hon’ble The Chief Justice, directing the Officers/Section Heds/Posting Clerks of
the respective Hon’ble Courts both at the Principal Seat Madras and Madurai Bench
to list old cases in the respective category, chronologically, every Wednesday, apart
from listing fresh admission cases and extension of stay cases only.
4.
Towards strict compliance of the directions of the Honourable Supreme Court in the
order dated 05.09.2014 passed in W.P.(Criminal) No.310 of 2005 (Bhim Singh vs.
Union of India and others), all theJurisdictional Magistrates/Chief Judicial Magistrates/
Sessions have been directed, by a circular dated 26.09.2014, to hold one sitting in a
week in each jail/prison for two months commencing from 1st October, 2014 for the
purpose of effective implementation of Sec.436-A of the Code of Criminal Produce.
In their sittings in jail, the above said Judicial Officers are directed to identify the
under-trial prisoners who have completed half period of the maximum period or
maximum period of imprisonment provided for the said offence under the law and
after complying with the procedure prescribed under Section 436A Cr.P.C. pass an
appropriate order in jail itself for immediate release of such under trial prisoners who
fulfill the requirement of Section 436A of the Cr.P.C. and such officers were directed
to submit a report of each of such sitting to the Registrar General, High Court,
Madras, for onward transmission to the Hon’ble Supreme Court of India.
5.
In the light of the directions of the Hon’ble Supreme Court of India, contained in Anil
Rai vs. State of Bihar [(2001) 7 SCC 318], the Personal Assistants to the Hon’ble
Judges / Court Officers were directed, by a circular dated 27.8.2014, that in the case
where the judgment is reserved and is pronounced later, a column to be maintained
in the judgment, where, on the first page, after the cause title, date of reserving the
judgment and date of pronouncing it, be separately mentioned.
6.
Considering the alarming pendency of huge number of cases causing hardship to the
litigant public, all the District Judges/Heads of Units and Chief Judicial Magistrates of
Tamil Nadu and the Union Territory of Puducherry were directed, by a circular dated
25.8.2014, to dispose of the cases, which have been pending for more than 10 years,
15 years and 20 years, in their respective courts, within a period of three months
and they were also informed that double norms and triple norms are awarded for
the disposal of 7 year old, 15 year old and 20 year old cases as per the High Court’s
earlier circulars dated 18.11.1999 and 28.10.2010. All the District Judges/Heads
of Units and Chief Judicial Magistrates were directed to keep on monitoring and to
intimate the High Court Registry every week regarding the statistical particulars of
the disposal of the aforesaid cases through e-mail and submit monthly statement in
the nature of special statement, regarding the implementation of this circular.
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On Administrative side:
1.
2.
To safeguard the interest of the Judicial Officers from the unscrupulous elements
trying to distort their attention by sending anonymous complaints against them, as
a great reprieve to the judicial officers and to encourage a system of accountability
and to instinct a sense of confidence not only in the minds of Judicial Officers,
but also the genuine complainants, the Hon’ble the Chief Justice has directed the
Registry of the High Court to observe the following guidelines, while dealing with the
complaints received against the Judicial Officers of the Subordinate Judiciary:
i.
The Complaint making allegations against Judicial Officers of the Subordinate
Judiciary should not be entertained and no action should be taken thereon,
unless it is accompanied by a duly sworn affidavit and verifiable material to
substantiate the allegations made therein.
ii.
If the complaint is not accompanied by a duly sworn affidavit and verifiable
material to substantiate the allegations made therein, then a sworn affidavit
and verifiable material should be called for from the complainant and
thereafter, the same should be submitted before the Hon’ble Portfolio Judge.
iii.
If the complaint does not meet the above requirements, the complaint should
be filed/lodged without taking any steps. The Hon’ble the Chief Justice has
directed the High Court Registry to communicate the above guidelines issued
to the Registry, to all the Judicial Officers of the Subordinate Judiciary and
the same have been communicated, by the Official Memorandum dated
09.10.2014.
Towards achieving zero vacancies in the District Judiciary, steps have been initiated
to fill up all the vacancies, by promotion in respect of Civil Judges (Senior Division)
and 65% promotional quota in the cadre of District Judge (Entry level) and by direct
recruitment in respect of Civil Judges and District Judges (under 25% quota).
Madras High Court
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3. Location Sign Boards
MADRAS HIGH COURT
CHENNAI - 600 104
a Bose
Chandr
Road
-2
No
Gate
(A)
Gate
North Gate)
(MBA
Parking
No-3
(B)
Gate
North Gate)
(Aavin
Area
s’
lim all
us H
M yer
Pra
Subash
D
PW ffice
O
Netaji
Gate
BSNL
Office
Small Causes Court
BLOCK D
Information
Center
Dispensary
Advocates Clerks Association
Indian Bank ATM
Toilet
Toilet
ach Road
BLOCK C
Old Law Chamber Building
Advocates Canteen Building
Madras High Court
Advocates Association
- Arbitration Center
Addl. Law Chambers Building
- Women Lawyers Association
Govt. Branch Press
Family Cour
t
Labour Cour
t
CAT
Parking
Area
Official Assi
gnee
AG & OT
Court
High Court
Annex Bui
ldin
g
Dispensary
LANE
Law Officers Building
- Advocate General
- Govt. Pleader
- Public Prosecutor
Aavin Parlour
- Canteen
Xerox
5 Floor Law Chambers
- Auditorium
LANE
BLOCK D
BLOCK E
City Civil Court Building
Addl. City Civil Court Building
- Family Courts
High Court Museum
&
Auditorium
High Court Record Building
- Labour Courts
A
Auditorium & Museum
Addl. City Civil
KD
Pay & Use
Toilet
SOUTH GATE LANE
Railway
Reservation
Counter
BLOC
Police
Control
Room
OCK E
BLO
E LANE
La
SOUTH ENTRANC
wn
Tamilnadu Fire
&
Rescue Service
House
Lawn
RT LANE
JUDGES
ESPLANADE LANE
Police Station
Drinking Water (RO)
- Creche
BLOCK
Gate No-5
Entry Pass
Reception Counter
Old Light
CIVIL COU
BLOCK D
Overseer
Quarters
Parking
High Court Staff Association
Mediation Center
- Juice Stall
Manu Needh
i
Cholar Statue
City Civil Court
Esplanade Gate
La
wn
LIBRARY
LANE
dl.
New Ad
s
amber
Law Ch
Records
Tamil
Translation
& Other
Departments
La
wn
NE
DG
ES
LA
High Court
Library Ann
ex
North Be
Parking
Area
JU
RS LAN
E
JUDGES
rium
Audito
or)
(5th Flo
CHAMBE
Information Center
BLOCK B
La
wn
Parking
Area
Toilet
JUD
High Court
Main Buildin
g
Ambed
kar
Statue
LANE
LANE
mbers
RT LANE
KC
OLD LAW
LAW OFF
ICERS
CHAMBERS
BLOC
ficers
Law Of ing
Build
KB
BLOC
en
NEW LAW
Media
tio
Cente n
r
MHAA
Old Law Cha
E
GES LAN
Post
Office
Dr. Ambedkar Govt. Law College
s
Cante
Esplanade Road
amber
Law Ch
LANE
Gate No-1
Lawyers
Women
on
Associati
MHAA
Judges Gat
e
Adv
uncil
Bar Co
Addl.
KA
ter
nteen
’ Ca
ocates
Court Halls - 30 to 39
Court Halls - No. 1 to 29
Press Reporters Room
Madr
as Ba
Asso
r
ciatio
n
on Cen
Arbitrati
E
RO Water
cil
Coun
MBA LAN
Aavin
CIVIL COU
BAR
Xerox
Indian
Bank
-4
No
Gate
BLOCK
B
N
Area
BLOC
Parking
BLOCK A
High Court Main Building
High Court Annex Building
Madras Bar Association
- Central Administrative Tribunal
Toilet
- AG & OT
ATM
- Official Assignee
Police Control Room
Puduchery Block
Temp. Parking
PWD Office
MTC Bus Depot
Tamil Nadu State Legal
Service Authority
ADR Center, DLSA
Gate No-7
e
South Gat
North Fort Road
You
are
here
Railway Reservation Counter
Pay & Use Toilet
Small Causes Court Building
- Law Association
Confusing detours in the campus of the High Court are a thing of past with the erection of
signage boards in the High Court campus. The campus of the Chartered High Court of Madras
is spread across 36 acres and houses not only the historic High Court, but also City Civil
Courts, Small Causes Courts, Family Courts with litigants thronging the campus on all working
days. In order to wipe out the confusion from the minds of not only the litigants but also the
officials and Advocates
visiting the campus,
signage boards have
been
erected
in
prominent places in the
High Court campus,
containing information
not only in English but
also in vernacular.
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Re p o rt 2011- 2 0 1 4
4.
Replacing the old system of manual attendance
registers, Bio-matric machines have been installed in
the High Court, to ensure on-time presence of the staff
members.
5.
29.10.2014 has seen host of inauguration of the following
five new buildings in the High Court premises to cater to
the needs of not only the High Court, but also the learned
Law Officers and respected members of the Bar:
»»
»»
A Stilt + nine floored building in an area
measuring 75,000 sq.ft. for housing
both English Record as well as
Translation Department, constructed
at a cost of Rs.11,16,69,680/-.
A stilt + two floored building,
constructed at a cost of Rs.10 crores
exclusively to house Auditorium and
Museum.
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R e p ort 2011-2014
»»
»»
A stilt + three floored building has been
constructed at a cost of Rs.4,47,89,107/to house the Advocates’ Cooperative
Society Limited (canteen) and some
Law Chambers for the respected
members of the Bar.
»»
6.
155
A stilt + Four floored building, constructed
at a cost of Rs.7,45,00,000/- for the use
of the learned Law Officers.
Ground + two floored building,
constructed at a cost of Rs.72,20,000/to house the Police Control room,
Police rest room (men and women)
and Police store room.
A Police Control Room and rest
room have been constructed
and inaugurated at the Madurai
Bench to cater to the needs of the
security personnel.
Madras High Court
Re p o rt 2011- 2 0 1 4
7.
Indian Bank ATMs have been inaugurated within
the campus both at the Principal Seat at Madras and at
Madurai Bench.
8.
The High Court of Madras is a Heritage monument and as per the directions of
the Hon’ble Heritage Committee, many steps have been taken to conserve and
preserve it. When the roof of the second floor housing the Establishment section
was found leaking during rainy season, it was repaired and restored, using the
ancestral building technology of making use of jaggery and other natural sources
and not cement. Now the lamp shines as usual.
9. Madras is the cultural capital of South India and Madurai is a Temple city. Both
these cities witness lot of dignitaries and Hon’ble Judges from all over the country
for pilgrimage or vacation. In order to avoid any embarrassment to the visiting
dignitaries and Hon’ble Judges, eleven new Nissan Evalia XV (Diesel) cars have
been purchased exclusively for the protocol purpose, both at Madras and at Madurai,
thus replacing the eleven old Honda City cars.
10. To de-congest the record rooms, the old system of maintaining the case bundles in
racks, allowing them to the dangerous conditions of getting dust, rust, wear and
tear, as directed by the Hon’ble Building Committee, racks are being replaced by
the ultra modern Compactors.
11. To digitize the records in the Madras High
Court, in order to curtail the quantum of original
records that are being maintained by the High
Court, tenders have been called for and it is in
the offing.
12. In harness of Nature, the flora and fauna of not only the Heritage structure of the
principal seat at Madras but also the Madurai Bench are well preserved and nurtured
with utmost care, caution and affection.
13. To keep pace with time, a proposal has been mooted with the Government for
allotment of Skoda cars to the Hon’ble Judges, since the existing cars of the Hon’ble
judges are sufficiently old.
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R e p ort 2011-2014
14. Work is worship and work place is the place of worship. To prevent any sort of
aberration to women employees at the work place, particularly in the manner and
shape of a sexual harassment, and in compliance of the direction of the Hon’ble
Supreme Court of India in Binu Tamta and another Vs. High Court of Delhi and
others [in W.P.(C) No. 162/2013 dated 17.07.2013], the Madras High Court notified
“THE GENDER SENSITISATION & SEXUAL HARASSMENT OF WOMEN AT THE
MADRAS HIGH COURT - PRINCIPAL SEAT AT CHENNAI AND MADURAI BENCH
AT MADURAI (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS,
2013”, which came into force with effect from 01.01.2014. As per the said Regulations,
the Gender Sensitisation and Internal Complaints Committee-I for the Principal Seat
at Madras and the Gender Sensitisation and Internal Complaints Committee-II for
the Madurai Bench of Madras High Court, Madurai have been constituted. Likewise,
similar internal complaints committees have been constituted in the Subordinate
Courts in the State of Tamil Nadu and the Union Territory of Puducherry. Further,
as per the said Regulations, the High Court framed ‘the Policy to Prevent Gender
Discrimination and Sexual Harassment in the Madras High Court’ and the Hon’ble
The Chief Justice was pleased to release the said Policy on 29.10.2014 in the
presence of the Hon’ble Chairperson and the members of the Gender Sensitisation
and Internal Complaints Committee.
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IMPLEMENTATION OF E-COURTS PROJECT
The e-Courts Integrated Mission Mode Project is one of the National e-Governance
Projects being implemented in High Courts and District/Subordinate Courts of the Country.
The project has been conceptualized on the basis of the “National Policy and Action
Plan for Implementation of Information and Communication Technology in the Indian
Judiciary-2005” by the Hon’ble e-Committee, Supreme Court of India.
An Empowered Committee has been constituted under the Chairpersonship of Secretary,
Department of Justice, to give strategic direction & guidance to the project.
The project is being implemented by National Informatics Centre (NIC). A project
monitoring Committee comprising of Department of Justice, representatives of the Hon’ble
e-Committee and NIC meets on a monthly basis to monitor the progress of the project.
A Steering Committee at each High Court has been formed to oversee the implementation
of the project in their respective High Court.
Totally 799 Courts are covered under the e-Courts Project in the State of Tamil Nadu and
Union Territory of Puducherry.
The following are the activities covered under the Project:»»
All the Judicial Officers are provided with laptops and laser printers.
»»
Hands on training have been provided on Ubuntu Operating System, to all Judicial
Officers.
»»
Broadband connectivity has been provided to the residences of all the Judicial
Officers and Court Complexes.
»»
VPN over Broadband connectivity have been provided in all the District and Taluk
level Court Complexes.
»»
Apart from VPN over Broadband connectivity, Leased line connections have been
provided in 42 District Court Complexes.
»»
All Judicial Officers have been provided with unique identification numbers and
e-mail IDs.
»»
Computer Server Rooms and Judicial Service Centers have been provided in all
Court Complexes.
»»
Out of the 799 Courts covered under the e-Courts Project, the Case Information
System Software (CIS, Pune Version) was rolled out in 709 Courts and in 17 Courts
Old CIS Pune Version is being used in Court of Small Causes, Chennai and in 2
Courts CIS Delhi Version is being used and in remaining 71 Courts in City Civil
Madras High Court
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R e p ort 2011-2014
Courts, Chennai CIS has not been installed due to non receipt of Hardware Materials
from the NIC, New Delhi.
»»
15 Ubuntu Master Trainers (Judicial Officers), have been selected by the Hon’ble
e-Committee, Supreme Court of India, in the State of Tamil Nadu, to impart training
to other Judicial Officers in the State.
»»
17 staff members have been trained as Master Trainers on CIS software, who, in
turn, are imparting training to other staff members.
»»
Filing, scrutiny, registration, allocation of cases, cause-list generation, hosting of
judgments, etc., are done using CIS software, and the Courts are now able to
provide basic case-related services to litigants and lawyers.
»»
All the Districts have been provided with technical manpower (One System Officer
and two System Assistants).
»»
All the Courts have been provided with Computers, printers, scanners, diesel
generator sets, UPS units, etc.
»»
Data entry of old cases is nearing completion in all the courts.
»»
Websites have been created for all the District Courts.
»»
SMS Services have been started successfully in 19 Districts & Union Teritrory of
Puduchery in remaining 13 Districts the said services will be implemented shortly.
(i) Process Re-engineering:
Based on the concept of Process Re-engineering, suggested by the Hon’ble e-Committee,
Supreme Court of India, a Committee constituted by the High Court dealt with the various
aspects of change management and filed a report, which was accepted by the Hon’ble
e-Committee, Supreme Court of India, and the same was suggested to be implemented.
The Process Re-engineering Committee is in the process of implementing the said report
in the five courts viz., Judicial Magistrate Court No.III, Thanjavur, District Munsif Court,
Pattukottai, Judicial Magistrate Court No.V, Vellore, Principal District Munsif Court, Vellore
and VII Metropolitan Magistrate Court, George Town, Chennai
(ii)e-Filing
National Informatics Centre (NIC), New Delhi, has stated that the process of e-Filing is to
be worked out under the “Process-reengineering” and the software will be developed later.
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Madras High Court
Re p o rt 2011- 2 0 1 4
(iii) Digital Display Board
Digital Display Boards have been installed both in Madras High Court and Madurai Bench
of Madras High Court, during the year 2007, for the use of Advocates and Litigant Public.
Due to the normal life cycle of the Electronic items and poor maintenance by the vendor,
most of the display boards have become irreparable and obsolete.
The State Government was addressed for sanction of funds to install the new technology
display boards, and the State Government, vide G.O.Ms.No.294, Home (Courts III)
Department, dated 23.04.2014 and revised G.O. 489, Home (Courts III) Department, dated
16.07.2014, have accorded sanction of Rs.1,24,79,500/- for the High Court, Madras and
a sum of Rs.63,92,000/- for the Madurai Bench of Madras High Court, for replacing the
existing display boards, with the latest technology Display Boards, and the work order was
placed to M/s. Godrej and Boyce Manufacturing Co. ltd., Chennai.
The Display Boards have been inaugurated on 29.10.2014 by the Hon’ble the Chief Justice
of High Court, Madras for the use of Advocates and Litigant Public. Many Advocates and
Litigant Public rely upon the display boards to appear in the right time for their cases in the
corresponding Court Halls. The Display Boards have been installed and started functioning
in the High Court, Madras. The work is in completion stage in the Madurai Bench of Madras
High Court.
The Display Boards have been installed inside the Court Halls, Outside the Court Halls
and Composite Display Boards have been installed in six different locations in the High
Court premises.
Madras High Court
160
R e p ort 2011-2014
The features of the Display
Boards are LED with 46”, 55”
and 65” displays, to view the
case status clearly. Display
Boards provide integrated case
details of all the Court Halls.
Outside Display Boards display
the case details currently being
heard in the respective Court
Hall. Display Control Unit is
handled by the Court Officers
in which the customized software application is installed by which the Court Officer will
load the cause list for the day and will then select the item number to be heard using the
keyboard/Mouse. Training has been provided to the Court Officers for operating the Display
Control Unit. Composite Display Boards shows the details of cases being heard in all the
Court Halls. The consolidated input as per the standardized format is given by Content
Management Software.
Composite Display
Inside the Court Hall
161
Outside the Court Hall
Madras High Court
Re p o rt 2011- 2 0 1 4
(iv) High Court Website
The following services are provided in High Court Website:
1. Citizen Charter
a. Location of Madras High Court and entry points.
b. Jurisdiction and functions.
c. Services available within the High Court Premises.
d. Judicial Section.
e. Advocate Offices.
2. Item No. of the case and the corresponding Court No. displayed in the digital display
board can be viewed online in the Website. This status can also be viewed in Mobile
by downloading an Android App for Display Board.
3. Profiles of the Hon’ble the Chief Justice and the Hon’ble Judges of High Court are
available online.
4. Details of Cases such as, Cause List (Daily, Weekly and Monthly), Judgements,
Daily orders, Present Status of cases are being hosted in the website.
5. Link to e-Court Services.
Madras High Court
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R e p ort 2011-2014
(v) Implementation of SMS based System:
SMS service has been introduced in the Principal Seat (with effect from (23.01.2014)
and in the Madurai Bench (with effect from 02.04.2014), providing information to Advocates
about the status of cases filed by them.
At present, the following three services are being provided
1.
2.
SR Numbering Stage:
»»
SR Number
»»
Date of filing
»»
Date of numbering
»»
Name of the Counsel
After SR Numbering (if the case is returned for rectification of defects)
»»
SR Number
»»
Date of filing
»»
Date of numbering
»»
Date on which the case is returned
»»
Date on which the case is to be represented after rectification of defects.
The service will be gradually extended to the following areas later:
»»
Date when the case is listed for hearing and before which Court.
»»
Details of respondent’s vakalat
»»
Details of daily proceedings like “Next Adjournment Date”, “result of the
case”, etc.
»»
Details of Copy Applications filed and
»»
Date on which copies of orders are made ready, etc.
(vi) Digitization of Judgements and Orders:
The process of Digitization of the case records has been initiated in the Madras High
Court with a view to save space and to explore the possibility of creating paperless courts
in future.
Since, digitization process is already going on in two other High Courts, viz., the High
Court of Punjab and Haryana and the Delhi High Court, the Hon’ble Computer Committee
directed that information be collected from these High Courts on digitization. Accordingly,
steps have been taken for digitization of case records in the Madras High Court.
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Re p o rt 2011- 2 0 1 4
MODEL COURTS
Name of the Court
Name of the
District/Taluk
No. of
Courts
Location
Principal Judge, City Civil
Court
Chennai
1
High Court Campus
District Court & Sub Court
The Nilgiris (District
Headquarters)
2
In One Complex
(Heritage building)
Judicial Magistrate Court
The Nilgiris(District
Headquarters)
1
In One complex
Sub Court & Judicial
Magistrate Court
TambaramTaluk,
Kancheepuram
District
3
Combined Court Building
Family Court &
Labour court
Coimbatore (District
Headquarters)
2
Family Court
Puducherry (District
Headquarters)
1
Total
10
The High Court has identified the above 10 Courts in the State of Tamil Nadu for
implementing the Model Courts Project. Among the above said 10 courts, the Principal
Judge, City Civil Court, Chennai and the Family Court, Coimbatore were prioritized for
implementing the Model Courts Project.
A comprehensive cost estimate for developing the required infrastructure and other
facilities as already suggested by the High Court has been sent to the Department of Justice,
Government of India. Reply is awaited.
Madras High Court
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R e p ort 2011-2014
Comprehensive
Security System
The Madras High Court Campus is spread over an area of 36 acres and housing not only
Madras High Court but also various other Courts inside the campus. The Madras High Court
Campus consists of 7 Gates, out of which, one gate is meant exclusively for the entrance
and exit of the Hon’ble Judges. All the 7 Gates are guarded by the Tamil Nadu State Police
Force, with a sanctioned strength of 238 Police Personnel including Officers with modern
gadgets & scanner and they provide round the clock Security Cover to the Madras High Court
Campus. 16 High Resolution Cameras have been installed at various prominent locations in
the High Court for continuous monitoring of the persons who enter the Madras High Court
Campus which is constantly monitored in a Police Control Room.
Police Control Room
165
Madras High Court
Re p o rt 2011- 2 0 1 4
Parking Regulations
The Hon’ble Security Committee has evolved a plan for parking the Vehicles inside the
Madras High Court Campus. On 08.09.2014 the parking regulations was introduced by the
Hon’ble The Chief Justice along with the Hon’ble Judges of the Security Committee in the
presence of various Advocate Associations.
Madras High Court
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R e p ort 2011-2014
Madras High Court Arbitration Centre
The Government of Tamil Nadu in
the G.O.No.104,Home (Cts.IV) Dept.,
dt.13.02.2015, have sanctioned a sum
of Rs.1,98,00,000/-, for Establishing an
Arbitration Centre in the High Court of
Madras.
167
Madras High Court
Re p o rt 2011- 2 0 1 4
Photo
Madras High Court
Gallery
150th Year Celebrations
168
R e p ort 2011-2014
169
Madras High Court
Re p o rt 2011- 2 0 1 4
Madras High Court
170
R e p ort 2011-2014
Inauguration of 5 New Buildings
Madurai Bench Events
Welcome address to the Hon’ble The Chief Justice
at Madurai Bench on 12-11-2014
Welcome address to the Hon’ble The Chief Justice
at Madurai Bench on 12-11-2014
171
Madras High Court
Re p o rt 2011- 2 0 1 4
Southern Regional Conference on Mediation
Madras High Court
172
R e p ort 2011-2014
International Conference On Emerging Trends In Intellectual Property Regime
173
Madras High Court

Madras High Court Annual Report 2011

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