Report 2011-2014 Madras High Court Report 2011 - 2014 PROFILE of SIR THIRUVARUR MUTHUSWAMY IYER - K.C.I.E
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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] Printed at Gnanodaya Press 461, Nandanam, Chennai - 600035. E-Mail : [email protected] Published by High Court of Madras. www.hcmadras.tn.nic.in © All Rights Reserved 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 REPORT 2011-2014 Part A 3 Madras High Court REPORT 2011-2014 The Chief Justice of India Hon’ble Mr. Justice H.L. DATTU Madras High Court 4 REPORT 2011-2014 From the Desk of The Chief Justice he sesqui-centennial institution that like progress T is the Madras High Court is one of the charts, earliest established High Courts of Judicature giving a in the country under the Queen’s Charter, glimpse alongside the Bombay and Calcutta High of what 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 record the past achievements of one of the The greatness of any institution is most illustrious institutions in the annals reflected by its glorious past, as much as of Indian Judiciary in the recent past and the novel initiatives it brings to the fore in also to lay bare the future vision, which is at its day-to-day functioning that keep the flag various stages of implementation. of institution flying high. In this era of short 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 on the present generation to maintain the It is true that great deeds indeed remain high standards that have been set by our etched in the eons of history. I personally feel illustrious predecessors. I am glad that the that histories of great institutions should be Madras High Court has been earnest in its preserved in record form for the posterity quest to maintain such high standards. to cherish and reflect. Periodic reports are 5 Madras High Court REPORT 2011-2014 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 Ours is one of the few High Courts which Seat and the Madurai Bench combined has been successfully able to blend itself with was 2,40,767 in the year 2011; it was today’s technological advancements vis-à- 2,46,200 in the year 2012; and in the year vis computerization of the entire judicial 2013, it was 2,31,817; while the figure setup, yet maintaining our traditional was 2,35,087 in the year 2014. It was background. The Home Page of the Madras found that the earlier practice of including High Court Website has been completely Interlocutory Applications (labelled revamped, making it more user-friendly. Miscellaneous Petitions) for arriving at the The Citizen’s Charter, which gives a bird’s disposal/pendency figure did not reflect the eye view of the High Court Campus and the actual numbers. Hence, commencing July Case Status Bar, which updates the details 2014, it was decided to take into account of cases as they are heard/disposed of in only the main cases, as is the practice in each Court Hall enabling litigants/lawyers other Courts, for the purpose of arriving to keep a track of their case, are recent at the disposal/pendency statistics, and additions. There is instant uploading of all so calculated, the pendency of cases upto Daily Orders/Judgments on the High Court December 2014, excluding M.P.s, stood at website for perusal/download of the general 1,79,287.