Report 2011-2014 Madras High Court Report 2011 - 2014 PROFILE of SIR THIRUVARUR MUTHUSWAMY IYER - K.C.I.E
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
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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. It is heartening to know that public, which facility was until recently despite the dwindling strength of Judges, restricted only to important judgments. the statistics reflect a steady progress in The High Court is also offering SMS service the disposal rate. Not just quantitatively, facility, passing on vital information to there has been a better output even in terms advocates regarding their cases. of quality, with wide ranging issues having A new Case Information System has been given a quietus. been put in place, consisting of Flat Panel In its endeavour to make access to justice TVs put up at various spots within the High a reality, our High Court has stepped up the Court Campus. User-friendly Touch Screen accelerator to fast-track disposal of cases Information Kiosks have been installed at relating to the most vulnerable sections of vantage locations inside the High Court the society like women, children, elderly and compound, providing vital information differently-abled, as also targeting cases of to the litigant/general public. To go with specific branches/enactments. Long pending it, Digital Signage Boards are erected at old cases are receiving urgent attention like prominent points, guiding litigant public never before, what with the High Court as and first time visitors to the Court with well as the Subordinate Courts dedicating appropriate directions. one full day exclusively for disposing of old
Madras High Court 6 Report 2011-2014
The concept of Paperless Courts is being a congenial working atmosphere to all explored. Biometric Security System has 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, High Court Museum, Law Information System. Efforts are on, in Officers’ Chambers, Advocates’ Canteen conjunction with the State Government, for and Police Control Room. complete digitization of case records. The Pursuant to the renovation and restoration traditional rack system used for filing/ of the heritage sites in the court premises, storing records is being done away with, Heritage Tours are being organized in being replaced by Compactors. 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 A revamped Comprehensive Security database of cases pending and disposed System has been put in place, providing of across the State is being maintained round-the-clock security cover for the High centrally. All Courts/Judicial Officers have Court premises, regulating the parking of been provided with Computers/Laptops with vehicles within the High Court premises high speed Broadband Connections and the and controlling traffic in and out of the requisite legal software catering to their High Court. It is planned to install CCTV needs. All the Subordinate Courts in the Cameras at prominent locations like Court State are well connected with the High Court Halls, Record Rooms, various Sections of the through the upgraded Video Conferencing Registry and also the corridors of the High Facility. Court. These features are recent additions, The Madras High Court Mediation & indicative of the fact that the High Court Conciliation Centre, which is now a decade is adept at assimilating technological old, is taking giant strides and has become advancements in its fold and also indicative a pioneer of sorts for other High Courts to that it is alive to the needs of the general emulate. The Madras High Court Arbitration public, and it goes to show that the e-Court Centre is coming up, on the lines of the Project is being implemented in the State Delhi and Chandigarh model, for exploring of Tamil Nadu and the Union Territory of the hitherto unchartered territory of court- Puducherry in its full vigour. annexed arbitration. Special emphasis is also laid in extending As regards Legal Aid Movement, the the requisite infrastructure and bettering Tamil Nadu State Legal Services Authority the existing infrastructure so as to provide has been spearheading the pendency
7 Madras High Court Report 2011-2014 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 I must say that all the above is only a distinction of our High Court maintaining fruition of the joint effort of my Brother/ first position in two consecutive National Sister Judges, Members of various Mega Lok Adalats. With the advent of Committees, Members of the Bar and Multi Utility Vans for Propaganda of Legal Members of the Registry, and it is expected Literacy Programmes, justice is literally that the same amount of co-operation being delivered at the doorsteps of litigant would be forthcoming from all of them in public. 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 I express my appreciation and sincere own unique way by conducting training gratitude to the Members of the Editorial programmes and refresher courses on Committee for putting up the compilation in various facets of law, not just to judicial the form of this Annual Report. officers, but also for advocates and legal 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 8 Report 2011-2014
The Chief Justice of High Court of Madras Hon’ble Mr. Justice Sanjay Kishan Kaul
9 Madras High Court Report 2011-2014
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 10 Report 2011-2014
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 Elevated as Judge, High Court of Madras on 10.12.2005
Hon’ble Mr. Justice R. Sudhakar Born on : 14.02.1959 Elevated as Judge, High Court of Madras on 10.12.2005
Hon’ble Mr. Justice S. Tamilvanan Born on : 06.02.1954 Elevated as Judge, High Court of Madras on 10.12.2005
11 Madras High Court Report 2011-2014
Hon’ble Mr. Justice V.Ramasubramanian Born on : 30.06.1958 Elevated as Judge, High Court of Madras on 31.07.2006
Hon’ble Mr. Justice S. Manikumar Born on : 24.04.1961 Elevated as Judge, High Court of Madras on 31.07.2006
Hon’ble Mr. Justice A. Selvam Born on : 05.04.1956 Elevated as Judge, High Court of Madras on 31.07.2006
Hon’ble Mr. Justice P.R. Shivakumar Born on : 12.05.1954 Elevated as Judge, High Court of Madras on 18.09.2006
Hon’ble Mr. Justice S. Nagamuthu Born on : 31.05.1955 Elevated as Judge, High Court of Madras on 22.03.2007
Hon’ble Mr. Justice S. Palanivelu Born on : 11.05.1955 Elevated as Judge, High Court of Madras on 22.03.2007
Madras High Court 12 Report 2011-2014
Hon’ble Mr. Justice K.K.Sasidharan Born on : 28.10.1957 Elevated as Judge, High Court of Madras on 12.11.2007
Hon’ble Mr. Justice M. Venugopal Born on : 07.05.1957 Elevated as Judge, High Court of Madras on 12.11.2007
Hon’ble Mr. Justice R. Subbiah Born on : 21.06.1959 Elevated as Judge, High Court of Madras on 24.03.2008
Hon’ble Mr. Justice M.Sathyanarayanan Born on : 10.06.1959 Elevated as Judge, High Court of Madras on 23.04.2008
Hon’ble Mr. Justice R.S. Ramanathan Born on : 16.06.1953 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice B. Rajendran Born on : 01.04.1955 Elevated as Judge, High Court of Madras on 31.03.2009
13 Madras High Court Report 2011-2014
Hon’ble Mr. Justice D. Hariparanthaman Born on : 17.03.1954 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice C.T. Selvam Born on : 09.02.1957 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice C.S. Karnan Born on : 12.06.1955 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice N. Kirubakaran Born on : 21.08.1959 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice M.M. Sundresh Born on : 21.07.1962 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice T.S.Sivagnanam Born on : 16.09.1963 Elevated as Judge, High Court of Madras on 31.03.2009
Madras High Court 14 Report 2011-2014
Hon’ble Mr. Justice M. Duraiswamy Born on : 22.09.1960 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice T. Raja Born on : 25.05.1961 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Selvi. Justice R. Mala Born on : 15.03.1955 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mrs. Justice Aruna Jagadeesan Born on : 26.03.1953 Elevated as Judge, High Court of Madras on 31.03.2009
Hon’ble Mr. Justice T. Mathivanan Born on : 28.05.1955 Elevated as Judge, High Court of Madras on 17.02.2010
Hon’ble Selvi. Justice K.B.K.Vasuki Born on : 09.09.1953 Elevated as Judge, High Court of Madras on 17.02.2010
15 Madras High Court Report 2011-2014
Hon’ble Mr. Justice K.Ravichandrabaabu Born on : 14.10.1958 Elevated as Judge, High Court of Madras on 20.12.2011
Hon’ble Mr. Justice P.Devadass Born on : 15.05.1955 Elevated as Judge, High Court of Madras on 20.12.2011
Hon’ble Mr. Justice R.Karuppiah Born on : 07.04.1953 Elevated as Judge, High Court of Madras on 20.12.2011
Hon’ble Mrs.Justice S.Vimala Born on : 11.01.1957 Elevated as Judge, High Court of Madras on 20.12.2011
Hon’ble Mr. Justice P.N.Prakash Born on : 12.01.1961 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Mrs.Justice Pushpa Sathyanarayana Born on : 28.02.1960 Elevated as Judge, High Court of Madras on 25.10.2013
Madras High Court 16 Report 2011-2014
Hon’ble Mr. Justice K. Kalyanasundaram Born on : 27.05.1960 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Mr. Justice S. Vaidyanathan Born on : 17.08.1962 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Mr. Justice R. Mahadevan Born on : 10.06.1963 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Mr.Justice V.S. Ravi Born on : 20.05.1954 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Mr. Justice G. Chockalingam Born on : 01.04.1955 Elevated as Judge, High Court of Madras on 25.10.2013
Hon’ble Selvi Justice V.M.Velumani Born on : 06.04.1962 Elevated as Judge, High Court of Madras on 20.12.2013
17 Madras High Court Report 2011-2014
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 18 Report 2011-2014
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 Report 2011-2014
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 and Haryana High Court on 20th April 2007. His Hon’ble Mr. Justice P.Sathasivam Lordship was elevated to the post of Judge of the Former Chief Justice of India 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 20 Report 2011-2014 Strength of Judges, High Court of Madras
Sanctioned Strength of Judges 60
21 Madras High Court Report 2011-2014 Permanent Judges - 45 Additional Judges - 15
Strength of Judges as on 31.12.2014 43
Madras High Court 22 Report 2011-2014
SITTING JUDGES OF SUPREME COURT OF INDIA FROM THE HIGH COURT OF MADRAS 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 Hon’ble Mr. Justice F.M.Ibrahim Kalifulla Justice F.M.Ibrahim Hon’ble Mr. 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. Hon’ble Mr. Justice C.Nagappan Hon’ble Mr.
23 Madras High Court Report 2011-2014
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 Hon’ble Mr. Justice M.Y.Eqbal Hon’ble Mr. 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.
Madras High Court 24 Report 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 Hon’ble Mrs. Justice R.Banumathi 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.
CHIEF JUSTICES ELEVATED FROM THE HIGH COURT OF MADRAS
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 Hon’ble Mr. Justice D.Murugesan Hon’ble Mr. Standing Counsel for Madras University, the Corporation
25 Madras High Court Report 2011-2014 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.
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 Hon’ble Mr. Justice N. Paul Vasanthakumar Hon’ble Mr. 02.02.2015
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List of Honourable Chief Justices of This High Court 2011 - 2014
Period as Chief Justice Sl.No. Name of Hon’ble The 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 Period served in Elevated as Judge, Name of the Sl.No the Madras High Supreme Court of Hon’ble The Chief Justice Court India on 11.06.2010 to 1. Justice M. Yusuf Eqbal 24.12.2012 21.12.2012
24.10.2013 to 2. Justice Rajesh Kumar Agrawal 17.02.2014 12.02.2014 List of Honourable Acting Chief Justices of This High Court 2011 - 2014 Period as Acting Chief Justice Sl.No. Name of Hon’ble Judge From To
1. Justice Elipe Dharma Rao 22-12-2012 06-02-2013
2. Justice Rajesh Kumar Agrawal 07-02-2013 23-10-2013
3. Justice Sathish Kumar Agnihotri 12-02-2014 25-07-2014
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Hon’ble Judges of Madras High Court presently serving in Other High Courts.
Name of Hon’ble Sl.No Serving in Judge High Court of Punjab and Haryana, 1. Justice M. Jeyapaul Chandigarh w.e.f 28.10.2010
High Court of Punjab and Haryana w.e.f. 2. Justice K. Kannan 05.11.2008 High Court of Judicature at Hyderabad for the 3. Justice Raja Elango State of Telangana and the State of Andhra Pradesh w.e.f. 25.03.2010
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Hon’ble Judges Served and Retired During the period from 2011-2014, with the Date of Retirement
Justice Elipe Dharma Rao Justice M.Chockalingam Justice K.Mohan Ram 14-07-2013 16-02-2011 27-05-2012
Justice P. Jyothimani Justice Chitra Venkataraman Justice K.N.Basha 25-10-2012 21.04.2014 13-05-2013
Justice P.P.S. Janarthana Raja Justice K. Suguna Justice S. Rajeswaran 20-01-2013 09-10-2013 31.10.2014
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Justice Vinod K.Sharma Justice K.Venkataraman Justice K. Chandru 24-05-2013 08.05.2013 08-03-2013
Justice G. Rajasuria Justice T. Sudanthiram Justice V.Periya Karuppiah 22-08-2013 14-08-2013 04-10-2012
Justice G.M.Akbar Ali Justice A.Arumugha Swamy Justice M. Vijayaraghavan 22.11.2014 27.04.2014 16-11-2013
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Advocates General of Tamil Nadu during 2011 - 2014
Period Sl.No. Name of the Advocate General From To 1. Mr. P.S. Raman 30-07-2009 19-05-2011 2. Mr. A.Navaneethakrishnan 29-05-2011 07-03-2013 3. Mr. A.L.Somayaji 08-03-2013 -
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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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 Karnataka. He enrolled as an advocate in January Mr.K.K.Venugopal 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.
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FULL BENCHes Constituted DURING 2011-2014 Principal Seat of Madras High Court MONTH & CORAM YEAR April The Chief Justice, Justice P.Jyothimani & Justice T.S.Sivagnanam 2011 July Justice Chitra Venkatraman, Justice P.P.S.Janarthana Raja & 2011 Justice N.Paul Vasanthakumar July The Chief Justice, Justice P.Jyothimani & Justice T.S.Sivagnanam 2011 August Justice K.N.Basha, Justice T.Sudanthiram & Justice S.Nagamuthu 2011 August The Chief Justice, Justice P.Jyothimani & Justice T.S.Sivagnanam 2011 March Justice Elipe Dharma Rao, Justice D.Murugesan & Justice M.Venugopal 2012 September Justice Elipe Dharma Rao, Justice D.Murugesan & Justice M.Venugopal 2012 November Justice R.Banumathi, Justice P.R.Shivakumar & Justice S.Nagamuthu 2012 April Justice Elipe Dharma Rao, Justice S.Rajeswaran & Justice M.Venugopal 2013 April The Acting Chief Justice, Justice N.Paul Vasanthakumar & 2013 Justice M.Sathyanarayanan September The Acting Chief Justice, Justice N.Paul Vasanthakumar & 2013 Justice M.Sathyanarayanan January Justice N.Paul Vasanthakumar, Justice R.S.Ramanathan & 2014 Justice K.Ravichandrabaabu April Justice S.Rajeswaran, Justice R.Subbiah & Justice R.S.Ramanathan 2014 August Justice N.Paul Vasanthakumar,Justice R.S.Ramanathan & 2014 Justice K.Ravichandrabaabu September Justice S.Rajeswaran, Justice R.Subbiah & Justice R.S.Ramanathan 2014
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FULL BENCHes Constituted DURING 2011-2014 Madurai Bench of Madras High Court MONTH & CORAM YEAR July The Chief Justice, Justice P.Jyothimani & Justice T.S.Sivagnanam 2011 September Justice P.Jyothimani & Justice M.Duraiswamy & Justice Aruna Jagadeesan 2011 December Justice K.N.Basha, Justice T.Sudanthiram & Justice P.Devadass 2012 August Justice N.Paul Vasanthakumar, Justice T.Mathivanan & Justice P.Devadass 2013 November Justice M. Jaichandren, Justice S. Nagamuthu & Justice M.Venugopal 2013 November Justice M. Jaichandren, Justice M.Venugopal & Justice T.Raja 2013 January Justice R.Sudhakar, Justice S.Tamilvanan, Justice A.Selvam, 2014 Justice M.Sathyanarayanan & Justice B.Rajendran February Justice R.Sudhakar, Justice S.Tamilvanan, Justice A.Selvam, 2014 Justice M.Sathyanarayanan & Justice B.Rajendran September Justice M.Jaichandren, Justice K.K.Sasidharan & Justice R.Mahadevan 2014
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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.
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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
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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
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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
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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 cock- fight 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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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-in- person, 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 five- Judges 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 non- litigation 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.
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Madras High Court Report 2011-2014
Part B
67 Madras High Court Report 2011-2014
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
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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, Mr. C.V.Karthikeyan, Mr. V. Vijayan, Registrar (Judicial) Registrar (Vigilance) Registrar (Administration) High Court of Madras High Court of Madras High Court of Madras
Mr. C.Kumarappan, Mr. M.Jothiraman, Mrs. K. Indumathi, Officer on Special Duty Registrar (Administration), Registrar (Management) in the Cadre of District Judge Madurai Bench of High Court of Madras (IT-cum-Statistics) High Court of Madras Madras High Court, Madurai
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Mr. B. Hari, Mr. V. Nallasenapathy, Mr. P.Vadamalai, Registrar-cum-Private Secretary to the Official Assignee Officer on Special Duty Hon’ble The Chief Justice High Court of Madras in the Cadre of District Judge High Court of Madras (District Judiciary) High Court of Madras
Mr. T.Venkattakrishnan, Mr. T.Chandrasekaran, Registrar (Judicial) Additional Registrar (Vigilance) Madurai Bench of High Court of Madras Madras High Court, Madurai
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SANCTIONED AND WORKING STRENGTH OF OFFICERS OF MADRAS HIGH COURT AS ON 31.12.2014 Principal Seat Madurai Bench Sl. Total Name of the Post Sanctioned Working Sanctioned Working No Vacancy Vacancy Vacancy Strength Strength Strength Strength 1. REGISTRAR GENERAL 1 1 - - - - - 2. REGISTRAR 8 8 - 2 2 - - 3. Officer on Special Duty - 2 - - - - - 4. MASTER 1 1 - - - - - 5. JOINT REGISTRAR 4 4 - - - - - DEPUTY OFFICIAL 6. 1 1 - - - - - ASSIGNEE 7. DEPUTY REGISTRAR 12 12 - 5 5 - - 8. ASSISTANT REGISTRAR 22 22 - 11 11 - - 9. Court Manager - 2 - - 1 - - 10. CHIEF ACCOUNTS OFFICER 1 1 - - - - - ASSISTANT EDITOR, 11. 2 2 - - - - - TAMIL LAW JOURNAL 12. SUB ASSISTANT REGISTRAR 17 14 3 8 4 4 7 13. LIBRARIAN 1 1 - 1 1 - - 14. ACCOUNTS OFFICER - - - 1 1 - - TOTAL 70 71 3 28 25 4 7 STAFF STRENGTH OF THE MADRAS HIGH COURT (N0N-GAZETTED ESTABLISHMENT) AS ON 31.12.2014
Principal Seat Madurai Bench Sl. Total Name of the Post Sanctioned Working Sanctioned Working No Vacancy Vacancy Vacancy Strength Strength Strength Strength 1 INTERPRETER 5 5 0 0 0 0 0 2 CO / SO / AE 189 187 2 66 63 3 5 3 P.S. TO HON'BLE CJ 1 0 1 0 0 0 1 4 P.A. TO THE HON'BLE JUDGES 163 117 46 48 36 12 58 5 P.S. TO REGR. GENERAL 1 1 0 0 0 0 0 6 TECHNICAL ASSISTANT 4 4 0 2 2 0 0 7 ASST. SECTION OFFICER 267 266 1 75 75 0 1 8 PERSONAL ASSISTANT 7 1 6 2 0 2 8 9 PERSONAL CLERK 2 2 0 0 0 0 0 10 SENIOR TYPIST 22 22 0 3 3 0 0 11 COMPUTER OPERATOR 40 23 17 25 14 11 28 12 ASSISTANT 159 124 35 60 55 5 40 13 TYPIST 128 24 104 55 17 38 142 14 TELEPHONE OPERATOR 1 1 0 0 0 0 0 15 READER / EXAMINER 55 54 1 24 22 2 3 16 XEROX OPERATOR 4 4 0 3 3 0 0 17 OVERSEER 1 1 0 1 1 0 0
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Principal Seat Madurai Bench Sl. Total Name of the Post Sanctioned Working Sanctioned Working No Vacancy Vacancy Vacancy Strength Strength Strength Strength 18 HEAD BAILIFF 1 1 0 1 1 0 0 19 SERGEANT 1 1 0 1 1 0 0 20 DRIVER 80 80 0 25 25 0 0 21 JUNIOR BAILIFF 24 22 2 7 6 1 3 22 COURT KEEPER 2 2 0 2 2 0 0 23 JAMEDAR 1 1 0 1 1 0 0 24 GOLLAH 1 1 0 1 1 0 0 25 BINDER 7 7 0 3 3 0 0 26 RECORD ASSISTANT 10 10 0 4 4 0 0 27 RECORD CLERK 62 62 0 15 14 1 1 28 LIFT OPERATOR 8 8 0 3 3 0 0 29 DUFFADAR 7 7 0 4 4 0 0 30 WATCH & WARD 50 48 2 36 29 7 9 31 OFFICE ASSISTANT 373 356 17 120 117 3 20 32 SWEEPER 32 32 0 15 15 0 0 33 SCAVENGER 11 7 4 12 12 0 4 34 GARDENER 15 13 2 13 13 0 2 35 WATERMAN 1 1 0 1 1 0 0
RECRUITMENT IN RESPECT OF Staff Members in Madras High Court Service Sl. Addressed to Vacancy as Name of the Post No. TNPSC on 31.12.2014 1 P.A.TO THE HON’BLE JUDGES 56 58 2 PERSONAL ASSistant 7 9 3 COMPUTER OPERATOR 28 28 4 ASSISTANT 37 41 5 TYPIST 139 143
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.
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Sanctioned and Working strength of District Judiciary in the State of Tamil Nadu
As on 31.12.2011: Sanctioned Working Cadre Vacancy Strength Strength District Judge 122 101 21 Additional District Judge, Fast 49 43 6 Track Court on Ad-hoc basis Senior Civil Judge 211 201 10
Civil Judge 479 405 74
As on 31.12.2012: Sanctioned Working Cadre Vacancy Strength Strength District Judge 172 141 31
Senior Civil Judge 214 214 NIL
Civil Judge 513 512 1
As on 31.12.2013: Sanctioned Working Cadre Vacancy Strength Strength District Judge 199 164 35
Senior Civil Judge 233 229 4
Civil Judge 540 480 60
As on 31.12.2014: Sanctioned Working Cadre Vacancy Strength Strength District Judge 214 214 Nil
Senior Civil Judge 240 193 47
Civil Judge 543 469 74
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Sanctioned and Working strength of District Judiciary in the Union Territory of Puducherry
As on 31.12.2011: Sanctioned Working Cadre Vacancy Strength Strength District Judge 6 5 1
Senior Civil Judge 6 6 Nil
Civil Judge 8 2 6
As on 31.12.2012: Sanctioned Working Cadre Vacancy Strength Strength District Judge 7 6 1
Senior Civil Judge 6 6 Nil
Civil Judge 8 Nil 8
As on 31.12.2013: Sanctioned Working Cadre Vacancy Strength Strength District Judge 7 5 2
Senior Civil Judge 6 6 Nil
Civil Judge 8 Nil 8
As on 31.12.2014:
Sanctioned Working Cadre Vacancy Strength Strength District Judge 7 7 Nil
Senior Civil Judge 6 3 3
Civil Judge 8 Nil 8
Madras High Court 74 Report 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 Judgeby 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 Report 2011-2014
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
Erode Cuddalore Nilgiris
Namakkal Perambalur Ariyalur Nagapattinam
Coimbatore Tiruchirappalli Tirupur Karur Thanjavur Tiruvarur
Dindigul Pudukkottai
Madurai Sivaganga Theni
Virudhunagar
Ramanathapuram
Thoothukudi MADURAI BENCH OF MADRAS HIGH COURT, Tirunelveli MADURAI (13 Districts)
Kanyakumari
Madras High Court 76 Report 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 Sl. Year criminal No. Opening Institution Disposal Pendency Opening Institution Disposal Pendency cases at the end of the 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 2014 4 (Jan to 490383 97038 71616 515805 67096 45125 38469 73752 589557 June) 2014 (July to 220215 44175 35476 228914 35599 32782 33726 34655 263569 Dec) 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 Report 2011-2014
Statement Showing Institution, Disposal And Pendency Of Civil & Criminal Cases Of Subordinate Courts In The State Of Tamil Nadu
Civil cases Criminal cases Total pendency of civil and Sl. Year criminal No. Opening Institution Disposal Pendency Opening Institution Disposal Pendency cases at the end of the year 1 2011 750246 929156 963700 715702 491124 669013 692590 467547 1183249 2 2012 715702 921450 858516 778636 467547 627654 641368 453833 1232469 3 2013 778636 969355 904787 843204 453833 930547 939269 445111 1288315 2014 4 (Jan To 843204 467120 439193 871131 445111 595823 596392 444542 1315673 June) 2014 (July To 572923 197880 156051 614752 444542 736951 757425 424068 1038820 Dec) 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.
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 Sl. Year criminal No. Opening Institution Disposal Pendency Opening Institution Disposal Pendency cases at the end of the year 1 2011 14433 17786 18729 13490 11393 26779 24957 13215 26705 2 2012 13490 18965 17969 14486 13215 17170 15930 14455 28941 3 2013 14486 18512 15885 17113 14455 15775 16594 13636 30749 2014 4 (Jan to 17113 8783 7852 18044 13636 7803 7179 14260 32304 June) 2014 (July to 11692 6328 5768 12252 14260 10639 12720 12179 24431 Dec) 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.
Madras High Court 78 Report 2011-2014
CONSTITUTION OF COURTS Courts sanctioned by the Government and Constituted Between 2011 and 2014 Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration 1. Ariyalur District Court at Ariyalur 1 24.9.2011 One Fast Track Mahila Court at Ariyalur in the cadre 1 3.8.2013 of District Judge at Ariyalur Special Court for trial of cases under Prevention of 2. Chennai 1 13.10.2011 Corruption Act at Chennai 2 Fast Track Courts at Magisterial Level at Chennai 2 12.3.2012 in Egmore unit. Fast Track Courts at Magisterial Level at Chennai in 1 14.3.2012 Saidapet unit. Two Special Court (Court of Small Causes) in the cadre of Sub Judge to deal with MCOP cases at 2 9.4.2013 Chennai Fast Track Court (Magisterial level) at Chennai 1 9.4.2013 Special Court for Land Grabbing cases at Chennai in 2 9.4.2013 George Town unit. Two Fast Track Courts Magisterial level at 3. Coimbatore 2 13.8.2011 Coimbatore Special Court for trial of cases under Prevention of 1 13.8.2011 Corruption Act at Coimbatore Special Court for Land Grabbing cases at 1 22.7.2012 Coimbatore. Special Court to deal with MCOP cases at 1 22.7.2012 Coimbatore Additional Mahila court (in the cadre of Judicial 1 13.3.2013 Magistrate) at Coimbatore One Special Court (in the cadre of Sub Judge) to deal with LAOP cases and one Special Court in the 4. Cuddalore 2 2.3.2013 cadre of Sub Judge) to deal with MCOP cases at Cuddalore Additional Mahila court (in the cadre of Judicial 1 13.7.2013 Magistrate) at Cuddalore. Special Court for Land Grabbing Cases at Cuddalore 1 30.12.2013 5. Dharmapuri Fast Track Court Magisterial level at Dharmapuri 1 21.8.2011 Special Court for Land Grabbing Cases at 1 20.8.2013 Dharmapuri One Fast Track Mahila Court at Dharmapuri in the 1 20.8.2013 cadre of District Judge at Dharmapuri One Special Court (in the cadre of District Judge) and one Special Court in the cadre of Sub Judge to 2 5.7.2014 deal with MCOP cases at Dharmapuri 6. Dindigul Fast Track Court Magisterial level at Palani 1 13.8.2011
79 Madras High Court Report 2011-2014
Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration one Special Court at Dindigul to deal with MCOP 1 30.5.2012 cases (in the cadre of Sub Judge) Sub Court at Vedasandur 1 28.10.2012 Ten Mobile Courts one each at Kancheepuram, Villupuram, Coimbatore, Tiruchirappalli, Madurai, 10 30.10.2012 Namakkal, Salem, Erode, Dindigul and Tirunelveli One Fast Track Mahila Court at Dindigul in the cadre 1 21.7.2013 of District Judge at Dindigul 7. Erode 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 1 14.9.2013 District Judge at Erode One Special Court (in the cadre of District Judge) and one Special Court in the cadre of Sub Judge to 2 14.09.2013 deal with MCOP cases at Erode Kancheepuram @ 8. Fast Track Court Magisterial level at Alandur 1 1.7.2011. Chengalpattu Two Fast Track Courts at Magisterial Level at 2 09.05.2012. Nagercoil Additional Mahila court (in the cadre of Judicial 1 26.4.2013. Magistrate) at Chengalpattu District Munsif-cum-Judicial Magistrate Court Kanniyakumari @ 9. at Boothapandi by converting existing Judicial 1 1.6.2012 Nagercoil Magistrate Court, Boothapandi One Fast Track Mahila Court at Nagercoil in the 1 30.11.2013 cadre of District Judge at Nagercoil 10. Karur Fast Track Court at Magisterial Level at Karur 1 19.11.2011 One Fast Track Mahila Court at Karur in the cadre of 1 14.12.2013 District Judge Special Court for Land Grabbing Cases at Karur 1 14.12.2013 11. Krishnagiri 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 2 3.2.2013. Kirshnagiri Special Court for Land Grabbing cases at Krishnagiri 1 3.2.2013. One Fast Track Mahila Court at Krishnagiri in the 1 21.9.2013 cadre of District Judge at Krishnagiri 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 12. Madurai 2 28.3.2011 NDPS Act cases Special Court for trial of Prevention of Corruption Act 1 03.10.2011 cases at Madurai Two Fast Track Courts at Magisterial Level at 2 26.6.2012 Madurai
Madras High Court 80 Report 2011-2014
Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration One Special Court (in the cadre of District Judge) and one Special Court (in the cadre of Sub Judge) to 2 24. 4.2013. deal with MCOP cases at Madurai. District Munsif-cum-Judicial Magistrate Court, 1 02.12.2013 Peraiyoor Additional Mahila court (in the cadre of Judicial 1 06.12.2013. Magistrate) at Madurai. Special Court for Land Grabbing Cases at Madurai 1 06.12.2013 Fast Track Court at Magisterial Level at 13. Nagapattinam 1 16.05.2012. Mayiladuthurai in Nagapattinam District Fast Track Court at Magisterial Level at 1 17.05.2012. Nagapattinam. One Fast Track Mahila Court at Nagapattinam in the 1 01.10.2013 cadre of District Judge at Nagapattinam Fast Track Court at Magisterial Level at 14. Namakkal 1 01.04.2012. Tiruchengode in Namakkal District Special Court for Land Grabbing cases at Namakkal 1 9.3.2013. One Fast Track Mahila Court at Namakkal in the 1 30.11.2013 cadre of District Judge at Namakkal The Nilgiris @ 15. District Munsif Court, Coonoor 1 12.2.2011 Udhagamandalam Fast Track Court Magisterial level at Coonoor 1 22.4.2011 Special Court for Land Grabbing cases at Nilgiris at 1 19.1.2013 Uthagamandalam One Fast Track Mahila Court at Nilgiris in the cadre 1 12.9.2013 of District Judge at Nilgiris Judicial Magistrate Court at Pandalur 1 1.11.2014 Additional Mahila court (in the cadre of Judicial 16. Perambalur 1 9.3.2013. Magistrate) at Perambalur Special Court for Land Grabbing Cases at 1 01.02.2014 Perambalur Special Court for Land Grabbing cases at 17. Ramanathapuram 1 5.12.2012 Ramanathapuram One Fast Track Mahila Court at Ramanathapuram in 1 23.8.2013 the cadre of District Judge at Ramanathapuram 18. Salem Fast Track Court at Magisterial Level at Attur 1 7.1.2012 One Special Court (in the cadre of District Judge) and two Special Courts (in the cadre of Sub Judge) 3 16.2.2013. to deal with MCOP cases at Salem Additional Mahila court (in the cadre of Judicial 1 16.2.2013. Magistrate) at Salem 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 1 10.01.2014 of Corruption Act at Salem.
81 Madras High Court Report 2011-2014
Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration 19. Sivagangai Fast Track Court Magisterial level at Karaikudi 1 17.08.2012. One Fast Track Mahila Court at Sivagangai in the 1 09.10.2013 cadre of District Judge at Sivagangai Special Court for trial of cases under the Prevention 1 14.02.2014 of Corruption Act at Sivagangai 20. Thanjavur Fast Track Court Magisterial level at Thanjavur 1 21.4.2011. Special Court for Land Grabbing cases at Thanjavur 1 7.3.2013. One Special Court (in the cadre of District Judge) and one Special Court (in the cadre of Sub Judge) to 2 11.08.2013 deal with MCOP cases at Thanjavur One Fast Track Mahila Court at Thanjavur in the 1 11.08.2013 cadre of District Judge at Thanjavur Fast Track Court (Magisterial level) at Pattukottai. 1 30.11.2013 21. Theni Fast Track Court at Magisterial Level at Theni 1 10.09.2011 Fast Track Court at Magisterial Level at 1 05.11.2011 Uthamapalayam Special Court for Land Grabbing cases at Theni 1 3.1.2013 One Fast Track Mahila Court at Theni in the cadre of 1 9.11.2013 District Judge at Theni 22. Thoothukudi Fast Track Courts at Magisterial Level at Thoothukudi 1 30.6.2012 Fast Track Courts at Magisterial Level at Kovilpatti in 1 30.6.2012 Thoothukudi District District Munsif Court at Tiruchendur by converting the existing Principal District Munsif-cum-Judicial 1 2.8.2012 Magistrate Court, Tiruchendur Separate Judicial Magistrate Court at Tiruchendur by converting the existing Additional District Munsif 1 2.8.2012 Court, Tiruchendur Special Court for Land Grabbing cases at 1 9.1.2013 Thoothukudi One Fast Track Mahila Court at Thoothukudi in the 1 19.9.2013 cadre of District Judge at Thoothukudi One Special Court (in the cadre of District Judge) 23. Tiruchirappalli and one Special Court (in the cadre of Sub Judge) to 2 24.2.2013. deal with MCOP cases at Tiruchirappalli. Additional Mahila court (in the cadre of Judicial 1 22.09.2013. Magistrate) at Tiruchirappalli. Special Court for Land Grabbing Cases at 1 22.9.2013 Tiruchirappalli Special Court for trial of Prevention of Corruption Act 1 14.10.2011 cases at Tiruchirappalli One Special Court in the cadre of Sub Judge to deal 24. Tirunelveli 1 23.3..2013. with MCOP cases at Tirunelveli Special Court for Land Grabbing cases at Tirunelveli 1 24.11.2012
Madras High Court 82 Report 2011-2014
Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration Additional Mahila court (in the cadre of Judicial 1 23.3.2013. Magistrate) at Tirunelveli Special Court for trial of cases under the Prevention 1 22.12.2014 of Corruption Act at Tirunelveli 25. Tiruppur District Court at Tiruppur 1 14.7.2012 Chief Judicial Magistrate Court at Tiruppur by shifting 1 14.7.2012 I Addl. Sub Court, Tiruppur 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 1 18.9.2013 of District Judge at Tiruppur One Additional Sub Court at Tiruppur from the 13th 1 09.06.2014 Finance Commission grants in aid. 26. Tiruvallur 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 1 15.11.2013 cadre of District Judge at Tiruvallur Fast Track Court (Magisterial level) at Ambattur. 1 30.10.2014 27. Tiruvannamalai 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– 1 20.9.2012 Judicial Magistrate Court No.I, Cheyyar One Special Court (in the cadre of Sub Judge) to 1 26. 6.2013 deal with MCOP cases at Tiruvannamalai One Fast Track Mahila Court at Tiruvannamalai in 1 09.04.2014 the cadre of District Judge Fast Track Court Magisterial level at 28. Tiruvarur 1 12.5.2011 Thiruthuraipoondi Constitution District Munsif-cum-Judicial Magistrate Court at Valangaiman by converting the Principal 1 2.7.2011 District Munsif Court, Valangaiman District Munsif-cum-Judicial Magistrate Court at Needamangalam by shifting the existing Additional 1 2.7.2011 District Munsif Court, Valangaiman. One Fast Track Mahila Court at Tiruvarur in the 1 10.11.2013 cadre of District Judge at Tiruvarur 29. Vellore Fast Track Court at Magisterial Level at Vellore 1 05.11.2011 Special Court (in the cadre of Sub Judge) to deal 1 24.1.2013. with LAOP cases at Arakkonam One Special Court (in the cadre of Sub Judge) to 1 23.02.2013 deal with LAOP cases at Vellore. Separate Motor Accident Claims Tribunal at 1 23.02.2013 Tirupattur in Vellore District
83 Madras High Court Report 2011-2014
Name of the No. of Date of Sl.No. Name of the Court District Courts inauguration One Additional District Munsif Court at Tirupattur by converting the existing Judicial Magistrate Court No.II 6.4.2013 at Tirupattur One Fast Track Mahila Court at Vellore in the cadre 1 31.8.2013 of District Judge at Vellore Sub Court at Arakkonam 1 14.03.2014 30. Villupuram Fast Track Court Magisterial level at Kallakurichi 1 29.7.2011. One Special Court (in the cadre of District Judge) and two Special Courts (in the cadre of Sub Judge) 3 14.12.2013 to deal with MCOP cases at Villupuram One Fast Track Mahila Court at Villupuram in the 1 14.12.2013 cadre of District Judge Special Court for Land Grabbing Cases at Villupuram 1 14.12.2013 Special Court for trial of cases under the Prevention 1 14.12.2013 of Corruption Act at Villupuram Virudhunagar @ 31. Fast Track Court Magisterial level at Srivilliputhur 1 22.4.2011 Srivilliputhur Special Court for Land Grabbing Cases at 1 27.7.2013 Virudhunagar
Madras High Court 84 Report 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. Newly constructed court ` SI. Name of the District buildings and Judicial Officers Cost Estimate Inaugurated on No. quarters (In lakhs) Construction of Combined Court 1. Coimbatore 219.00 22.11.2014 Building at Mettupalayam Combined Court Buildings and 2. Cuddalore Judicial Officers Quarters at 237.22 06.03.2011 Panruti Construction of Combined Court Building and Quarters for Judicial 1002.00 26.03.2012 Officers at Cuddalore Construction of Quarters for Sub 3. Dharmapuri 27.95 18.06.2011 Judge at Dharmapuri Construction of Combined Court Building and Quarters for Judicial 178.96 04.02.2012 Officers at Pennagaram Construction of Combined Court 288.86 15.03.2014 Building at Palacode Construction of Combined Court 4. Dindigul Building and Quarters for Judicial 382.59 27.10.2012 Officers at Palani Combined Court Buildings and 5. Erode Judicial Officers Quarters at 542.00 09.04.2011 Erode Construction of Combined Court Building and Quarters for Judicial 527.86 21.04.2012 Officers at Bhavani Construction of Combined Court 288.90 14.07.2012 Building at Kangeyam Combined Court Buildings and Kancheepuram @ 6. Judicial Officers Quarters at 473.10 01.07.2011 Chengalpattu Alandur Construction of Combined Kanniyakumari @ 7. Court Building at 447.00 21.04.2012 Nagercoil Padmanabhapuram
85 Madras High Court Report 2011-2014
Newly constructed court ` SI. Name of the District buildings and Judicial Officers Cost Estimate Inaugurated on No. quarters (In lakhs) Construction of Combined Court Building and Quarters for Judicial 563.86 06.04.2013 Officers at Kuzhithurai Combined Court Buildings and 8. Karur 1000.00 19.02.2011 Judicial Officers Quarters, Karur Construction of Combined Court Building and Quarters for Judicial 410.54 08.06.2013 Officers at Kulithalai Construction of Court Building 9. Nagapattinam and Quarters for Judicial Officers 201.82 24.05.2013 at Vedaranyam Combined Court Buildings and 10. Namakkal Judicial Officers Quarters at 1056.00 23.01.2011 Namakkal Construction of Combined Court Building and Quarters for Judicial 529.10 01.04.2012 Officers at Tiruchengode Construction of Combined Court Building and Quarters for Judicial 464.76 14.07.2012 Officers at Rasipuram Construction of Combined Court 11. Perambalur 936.00 07.02.2009 Buildings at Perambalur Construction of Combined Court 12. Pudukkottai 415.00 15.09.2013 Building at Aranthangi Construction of Combined Court 13. Ramanathapuram 240.00 12.02.2014 Building at Paramakudi Construction of Combined Court 14. Salem Building and Quarters for Judicial 562.00 29.01.2012 Officers at Sankari Construction of Quarters for Presiding Officer, Labour Court at 57.41 30.05.2012 Salem Construction of Combined Court Building and Quarters for Judicial 695.97 13.10.2012 Officers at Attur Construction of Combined Court 303.20 11.04.2013 Building at Omalur Construction of Combined Court 15. Sivaganga 874.93 09.10.2013 Building at Sivaganga Construction of Combined Court 16. Thanjavur Building and Quarters for Judicial 997.00 17.03.2013 Officers at Kumbakonam Construction of Combined Court 191.65 26.06.2013 Building at Thiruvaiyaru
Madras High Court 86 Report 2011-2014
Newly constructed court ` SI. Name of the District buildings and Judicial Officers Cost Estimate Inaugurated on No. quarters (In lakhs) Construction of Combined Court 17. Theni Building and Quarters for Judicial 517.35 05.11.2011 Officers at Uthamapalayam Construction of Combined Court 18. Thoothukudi Building and Quarters for Judicial 888.00 01.04.2012 Officers at Thoothukudi Construction of Combined Court Building and Quarters for Judicial 260.60 31.03.2013 Officers at Tiruchendur Construction of Combined Court 19. Tirunelveli Building and Quarters for Judicial 469.73 15.04.2012 Officers at Valliyoor Construction of Additional 38.70 23.03.2013 Property room at Palayamkottai Combined Court Buildings and 20. Tiruvallur Judicial Officers Quarters at 373.00 12.09.2011 Poonamallee Combined Court Buildings and 21. Tiruvannamalai 397.00 27.02.2011 Judicial Officers Quarters at Arani Construction of Combined Court 1451.44 23.08.2014 Building at Tiruvannamalai Construction of Combined Court 22. Tiruvarur Building and Quarters for Judicial 1085.40 30.06.2012 Officers at Tiruvarur Construction of Combined Court 23. Vellore Building and Quarters for Judicial 282.80 11.03.2012 Officers at Arakkonam Construction of Quarters for Sub Judge and District Munsif at 43.54 29.06.2012 Gudiyatham Construction of Combined Court Building and Quarters for Judicial 230.75 06.10.2012 Officers at Ambur Construction of Combined Court Building and Quarters for Judicial 321.99 16.12.2012 Officers at Katpadi Construction of Combined Court 365.00 16.12.2012 Building at Ranipet Construction of three post 24. Villupuram 85.50 14.06.2012. attached quarters at Villupuram Construction of Combined Court 25. Virudhunagar Building and Quarters for Judicial 383.00 07.04.2012 Officers at Aruppukkottai
87 Madras High Court Report 2011-2014
WORK UNDER PROGRESS FOR COURT BUILDINGS AND JUDICIAL OFFICERS QUARTERS ` SI. Name of the Newly constructed court buildings and Cost Estimate No. District Judicial Officers quarters (In lakhs) Combined Court Building and Quarters for Judicial Officers 1. Coimbatore 285.49 at Valparai Combined Court Building and Quarters for Judicial Officers 2. Cuddalore 483.50 at Tittagudi Kanniyakumari @ Combined Court Building and Quarters for Judicial Officers 3. 265.43 Nagercoil at Eraniel Combined Court Building and Quarters for Judicial Officers 1550.47 at Nagercoil Combined Court Building and Quarters for Judicial Officers 4. Krishnagiri 177.66 at Denkanikottai Combined Court Building and Quarters for Judicial Officers 5. Nagapattinam 1041.60 at Mayiladuthurai Combined Court Building and Quarters for Judicial Officers 6. Ramanathapuram 187.43 at Tiruvadanai Combined Court Building and Quarters for Judicial Officers 497.31 at Mudhukulathur Construction of Combined Court Building and Quarters for 7. Salem 496.72 Judicial Officers at Mettur Combined Court Building and Quarters for Judicial Officers 8. Sivagangai 206.51 at llayangudi 9. Thanjavur Quarters for Judicial Officers at Thanjavur 149.47 Combined Court Building and Quarters for Judicial Officers 10. Theni 653.76 at Periyakulam Combined Court Building and Quarters for Judicial Officers 11. Thoothukudi 155.04 at Vilathikulam Combined Court Building and Quarters for Judicial Officers 12. Tiruchirappalli 2264.81 at Tiruchirappalli Combined Court Building and Quarters for Judicial Officers 13. Tirunelveli 381.47 at Sankarankoil Combined Court Building and Quarters for Judicial Officers 14. Tiruvallur 1227.66 at Tiruvallur Combined Court Building and Quarters for Judicial Officers 15. Villupuram 1731.69 at Tindivanam Combined Court Building and Quarters for Judicial Officers 754.22 at Kallakurichi Combined Court Building and Quarters for Judicial Officers 930.00 at Gingee
Madras High Court 88 Report 2011-2014
PROPOSALS SANCTIONED FOR CONSTRUCTION OF COURT BUILDINGS AND JUDICIAL OFFICERS’ QUARTERS ` SI. Name of the Newly constructed court buildings and Cost Estimate No. District Judicial Officers quarters (In lakhs) 1. Chennai Combined Court Building at Egmore 1088.67 post attached Quarters for Judicial Officers 368.00 at Saidapet 2. Cuddalore Court Building at Portonovo 268.00 Combined Court Building and Quarters for 3. Dindigul 3709.85 Judicial Officers at Dindigul Court Building and Quarters for Judicial 4. Erode 352.00 Officers at Kodumudi post attached Quarters for Judicial Officers 5. Karur 173.50 at karur Combined Court Building and Quarters for 6. Nagapattianam 530.20 Judicial Officers at Sirkali Combined Court Building and Quarters for 7. Tiruchirappalli 470.80 Judicial Officers at Musiri Combined Court Building at Thuraiyur 375.03 Combined Court Building and Quarters for 8. Tirunelveli 307.45 Judicial Officers at Sivagiri post attached Quarters for Judicial Officers 613.80 at Tirunelveli Combined Court Building and Quarters for 9. Tiruvannamalai 772.90 Judicial Officers at Cheyyar Combined Court Building at 10. Tiruvarur 368.50 Thiruthuraipoondi Combined Court Building and Quarters for 11. Villupuram 1068.13 Judicial Officers at Ulundurpet Central Record room at Villupuram 29.70 12 Virudhunagar Combined Court Building at Sattur 382.80
89 Madras High Court Madras High Court Repor t 2011-2014
BUDGET
ADMINISTRATION OF JUSTICE - JUDICIAL DEPARTMENT DETAILS OF ALLOCATION AND EXPENDITURE FROM 2011-12 TO 2014-15
2011-12 2011-12 2012-13 2012-13 2013-14 2013-14 2014-15 Head of Sl. No. Department Allocation Expenditure Allocation Expenditure Allocation Expenditure Allocation (`) (`) (`) (`) (`) (`) (`)
High Court Madras and Madurai Bench 1 94,95,53,000 99,83,86,000 98,44,58,000 1,01,08,87,000 1,06,11,81,000 1,12,32,44,000 1,24,26,03,000 of Madras High Court
District Judiciary 2 and Legal Services 5,25,90,48,000 5,17,14,06,000 4,99,26,11,000 4,95,09,98,000 5,60,62,21,000 5,45,27,56,000 6,59,06,97,000 Authority
Total 6,20,86,01,000 6,16,97,92,000 5,97,70,69,000 5,96,18,85,000 6,66,74,02,000 6,57,60,00,000 7,83,33,00,000 90 Report 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
Amount Allocated Sl. No. COMPONENTS ` (in Crores) 1. Morning/Evening Courts 123.54 2. Lok Adalat and Legal Aid 14.83 3. Training of Judicial Officers 12.35 4. Training of Public Prosecutors 7.41 5. Heritage Court Buildings 22.24 State Judicial Academy (Construction 6. of Regional Academy at Coimbatore 15.00 and Madurai) 7. ADR Centres 40.76 8. Court Managers 16.30 Grand Total 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:
Orders issued by the Amount sanctioned Sl. No. Courts Sanctioned Government ` (in crores) 29 Special Court viz., 8 Special Courts in the cadre of District Judges to deal with MCOP cases, 4 Special G.O.Ms. No.79, Courts in the cadre of Senior 1 Home (Cts.II) Dept., 49.2144 Civil Judge to deal with LAOP dated 13.01.2012 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 G.O.Ms.No.782 Home 2. one Special Court in the cadre (Cts.II) Dept., dated 1.0763 of Sub Judge at Dharmapuri to 3.10.2013 deal with MCOP cases
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Orders issued by the Amount sanctioned Sl. No. Courts Sanctioned Government ` (in crores) A separate Motor Accident G.O.Ms.No.576 Home 3. Claims Tribunal at Tirupattur in (Cts.II) Dept., dated 0.5288 Vellore District 24.7.2012 G.O. Ms. No.40, Additional Sub court at 4. Home (Cts.III) Dept., 0.3727 Tiruppur. dated 20.01.2014 G.O.Ms.No.27 Home (Cts.II) Dept., dated 10.01.2011 (for 90 Evening courts) G.O.Ms.No.523 5.2668 5. 121 Evening Courts Home (Cts.II) Dept., (3.9240 + 1.3428) 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 6. (Cts.II) Dept., dated 1.6926 trial of cases registered under 7.10.2013 SC/ST (POA) Act, 1989. G.O.Ms.No.783 Home Holiday Family Courts at 7. (Cts.II) Dept., dated 0.5454 Chennai. 3.10.2013 G.O.(Ms.) No.110, Additional Family Court at Home (Courts II) 8. 1.33 Coimbatore. Department, dated 14.02.2013 Constitution of 13 Family Courts one each at Dindigul, Erode, Tirunelveli, Sivagangai, G.O.(Ms) No.516, Tiruvallur, Chengalpattu, Home (Courts 9. 8.0671 Villupuram, Vellore, II) Department, Tiruchirappalli, Dharmapuri, dated16.07.2013. Tiruvarur, Virudhunagar and the Nilgiris.
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II. lok ADALAT AND LEGAL AID Under the 13th Finance Commission Grants, the Government of India have allotted Rs.14.83 Crores for the above component for the plan period 2010-2015 and the Government of Tamil Nadu have released the following funds based on the Action Plan of the Tamil Nadu State Legal Services Authority.
Amount Financial Sl.No. G.O. No. & date Sanctioned Year ` G.O.Ms.No.11 Home (Courts – IV) 1. 2010-2011 1,48,30,000/- Department, dated 06.01.2011 G.O.Ms.No.51 Home (Courts – IV) 2. 2011-2012 2,96,60,000/- Department, dated 09.01.2012 G.O.Ms.No.486 Home (Courts – IV) 3. 2012-2013 2,96,60,000/- Department, dated 27.06.2012 G.O.Ms.No.453 Home (Courts – IV) 4. 2013-2014 2,96,60,000/- Department, dated 05.07.2013 G.O.Ms.No.703 Home (Courts – IV) 5. 2014-2015 2,96,60,000/- Department, dated 18.09.2014
III. training OF JUDICIAL OFFICERS Under the 13th Finance Commission Grants, the Government of India have allotted Rs.12.35 Crores for the above component for the plan period 2010-2015 and the Government of Tamil Nadu have released the following funds based on the Action Plan of the Tamil Nadu State Judicial Academy.
Amount Financial Sl.No. G.O. No. & date Sanctioned Year ` 1. 2010-2011 G.O.No.23,Home (Cts.I) Dept., dt.07.01.11 2,47,00,000/- G.O.No.524, Home (Cts.I) Dept., dt. 2. 2011-2012 2,47,00,000/- 11.07.2012 G.O.Ms.No.209 Home (Courts-I) Department 3. 2012-2013 2,47,00,000/- dated 28.03.2013 G.O.Ms.No.1143 Home (Courts-I) 4. 2013-2014 2,47,00,000/- Department dated 12.12.2013 G.O.Ms.No.446 Home (Courts-I) Department 5. 2014-2015 2,47,00,000/- dated 25.06.2014
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IV. training TO PUBLIC PROSECUTORS Under the 13th Finance Commission Grants, the Government of India have allotted Rs.7.41 Crores for the above component for the plan period 2010-2015 and the Government 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.,
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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) Under the 13th Finance Commission Grants, the Government of India have allotted 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
95 Madras High Court Report 2011-2014 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 »» 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. Place of Posting No of posts 1 Principal Seat at Madras 2 2 Madurai Bench 1 One post each in 32 3 32 Judicial District Total 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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Madurai Bench of Madras High Court Madurai Report 2011-2014
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 ADALATS CASES YEAR AWARDED HELD SETTLED RS. P. 2011 5,188 79,714 476,31,44,720 .00 2012 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
NUMBER OF LEGAL LITERACY AND AWARENESS CAMPS HELD IN THE STATE FOR THE PERIOD FROM 2011 TO 2014 NUMBER OF NUMBER OF LEGAL LITERACY PERIOD APPLICATIONS RECEIVED AND AWARENESS IN THE CAMP CAMPS HELD 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 Crl. Crl. Year Non Judicial Civil Matrimonial MCOP Bail Trial Appeal 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 Year Non Judicial Civil 2011 28,531 11,315 2012 23,734 11,042 2013 16,867 11,811 2014 13,192 13,419
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Statement showing Number of Pension Adalat Held, Petitions received and disposed of during the Period from 2011 to 2014 ADALATS AWARD AMOUNT YEAR TAKEN SETTLED HELD 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
NATIONAL LOK ADALAT HELD ON 23.11.2013 AWARD AMOUNT S.NO. DISTRICTS ADALATS TAKEN SETTLED 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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AWARD AMOUNT S.NO. DISTRICTS ADALATS TAKEN SETTLED 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 HCLSC, 30 1 3,339 428 22,58,86,712 .00 CHENNAI HCLSC, 31 1 761 80 3,41,45,836 .00 MADURAI 32 SLSA 1 2,60,601 1,43,035 18,86,61,396 .00 GRAND TOTAL 175 18,39,324 13,77,252 1140,32,91,487 .07
STATE MEGA LOK ADALAT - 12.04 2014 AWARD AMOUNT S.NO. DISTRICTS ADALATS TAKEN SETTLED 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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AWARD AMOUNT S.NO. DISTRICTS ADALATS TAKEN SETTLED 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 STATE 32 1 29,000 3,956 30,29,22,989 .00 AUTHORITY Total 168 16,56,661 15,08,767 939,40,45,686 .00
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PRISON ADALAT HELD ON 07.09.2014 STATEMENT SHOWING NUMBER OF CASES TAKEN, SETTLED AND NUMBER. OF PERSONS BENEFITTED. No. of No. of No. of Beneficiaries Name of the S.No. cases cases District Men Women Total taken settled 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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No. of No. of No. of Beneficiaries Name of the S.No. cases cases District Men Women Total taken settled 24 Tirunelveli 180 124 124 0 124 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 ------Total 2,508 2,092 1,809 28 1,837
TAMIL NADU STATE LEGAL SERVICES AUTHORITY NATIONAL LOK ADALAT ON 6.12.2014
Name of the PRE-LITIGATION PENDING LITIGATION S.No. District REFERRED SETTLED AMOUNT REFERRED SETTLED AMOUNT
1 Chennai 4,64,450 4,64,450 8,52,60,336 92,694 92,694 1136,93,43,018
2 Chengalpattu 75,364 75,364 2,50,48,071 37,073 37,073 80,22,90,611
3 Coimbatore 459 459 15,92,84,608 27,275 27,275 58,44,97,790
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 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
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Name of the PRE-LITIGATION PENDING LITIGATION S.No. District REFERRED SETTLED AMOUNT REFERRED SETTLED AMOUNT
15 Pudukottai 6,164 5,970 3,37,68,350 8,316 6,999 3,67,94,268
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* 3,73,834 3,63,695 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 36,52,751
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 15,30,135 273,05,33,593 10,37,278 9,39,826 1717,94,91,906 HCLSC, 33 0 0 0 4,074 250 14,05,89,054 Chennai HCLSC, 34 0 0 0 813 112 6,31,98,381 Madurai 35 State Authority 19,215 2,038 13,25,67,099 1,878 851 56,84,93,885
Total 16,41,047 15,32,173 286,31,00,692 10,44,043 9,41,039 1795,17,73,226
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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/-
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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 No. of cases settled : 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 non- registration 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. 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. 2. 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. 3. 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. 4. 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.
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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 Patron- in-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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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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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
No. of Adalats Year No. of cases settled Award amount ( ` ) (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
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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,
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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 1. February 2011 to March 2011 30 Districts in the state of Tamil Nadu Judicial Officers and Bar Members of the Union 2. February 2012 Territory of Puducherry 3. March 2012 Bar Members of the Karaikal Bar Association 4. November 2013 Bar Members of the Karikal Bar Association 220 Students from Government Law College, 5. February 2014 Chengalpattu 6. March 2014 120 Advocates of Chennai District
(b) Basic Mediation Training Programme
Conducted Sl.No. Participants During 1. August 2012 40 Advocates from Madurai District Bar Association 2. July 2013 33 Advocates from Vellore District Bar Associations 21 Advocates from Dindigul District Bar Associations 3. July 2013 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
Conducted Sl.No. 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 1. 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, 2. 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, 3. November 2014 Sivaganga, Virudhunagar, Theni, Madurai, Tirunelveli and Ramanathapuram on 08.11.2014 & 09.11.2014
(d) Referral Judges’ Training Programme
Conducted Sl.No. Participants During 1. August 2012 Judicial Officers of Thiruchirappalli District 116 Judicial Officers of Dindigul, Sivaganga, Virudhunagar, 2. November 2014 Theni, Madurai, Tirunelveli and Ramanathapuram Districts.
(e) Trainers’ Training Programme
Conducted Sl.No. Participants During 25 Advocates from Tamil Nadu mediation and conciliation centre / Mediators were trained by Mr.Rahim Shamji, 1. 2012 Barrister & Mediator, Director of Civil / Commercial Education and Training and International Project, United Kingdom at Chennai.
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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:
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»» 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:
TOTAL NUMBER OF CASES TOTAL NUMBER OF CASES YEAR REFERRED SETTLED 2011 2743 342 2012 3159 517 2013 4035 799 2014 6019 970
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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)
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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.
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2011
Sl. No. of Programme description Period No. Participants Interactive Session for Civil Judges (Senior 1. Division) on Application of Procedural Laws in Civil 08.01.2011 30 Cases Refresher Course for Civil Judges (Junior Division) I Batch - (12.02.2011 & 13.02.2011) II Batch - (19.02.2011 & 20.02.2011) 2. 502 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 & 3. 15.02.2011 130 Judicial Officers 18.02.2011 Training Programme for Newly appointed District 4. & 16 Judges (Entry Level) 21.04.2011 Refresher Course for Civil Judges (Senior Division) I Batch - 26.02.2011 & 27.02.2011 5. 255 II Batch - 12.03.2011 & 13.03.2011 III Batch - 18.06.2011 & 19.06.2011 26.03.2011 Refresher Course for District Judges under the 6. & 122 aegis of 13th Finance Commission 27.03.2011 7. Interactive Session on Execution Proceedings 11.06.2011 120 23.07.2011 Refresher Course for District Judges, Fast Track 8. and 91 Court Judges & Chief Judicial Magistrates 24.07.2011 Training Programme on "The Protection of Women 30.07.2011 9. from Domestic Violence Act, 2005" for Metropolitan/ and 35 Judicial Magistrates 31.07.2011 17.09.2011 Training Programme on MACTOP Cases in 10. and 75 Association with ICICI Lombard Insurance Co. Ltd., 18.09.2011
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2012
Sl. No. of Programme description Period No. Participants Refresher Course for District Judges I Batch - 07.01.2012 & 08.01.2012 1. 206 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 2. 201 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 21.01.12 to 3. 35 Protection in India” for Civil Judges 22.01.12 Refresher Course for Civil Judges I Batch - 11.02.2012 & 12.02.2012 4. II Batch - 10.03.2012 & 11.03.2012 306 III Batch - 17.03.2012 & 18.03.2012 IV Batch - 09.06.2012 & 10.06.2012 South Zone Regional Judicial Conference on Role 24.02.12 to 5. 85 of Courts in Protection of Human Rights 26.02.12 6. One Day Programme for District Judges 28.04.12 52 30.06.12 to 7. Seminar on “Intellectual Property Rights” for Judges 35 01.07.12 8. Training Programme for High Court Staff 30.06.12 40 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 9. 265 I Batch - 07.07.2012 & 08.07.2012 II Batch - 28.07.2012 & 29.07.2012 III Batch - 04.08.2012 & 05.08.2012 IV Batch - 29.09.2012 & 30.09.2012
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Sl. No. of Programme description Period No. Participants Training Programme for Assistant Section Officers 10. 28.07.12 40 from High Court Madras 11. Training Programme for P.A. to Hon’ble Judges 11.08.12 40 Induction Training Programme for the Newly 15.10.12 to 12. 164 Recruited Civil Judges - 2012 Batch 11.01.13
2013
Sl. No. of Programme description Period No. Participants Training Programme for the Newly Promoted 19.01.13 & 1. 42 Senior Civil Judges 20.01.13 Induction Training Programme for the Newly 30.01.13 to 2. 165 Recruited Civil Judges - 2012 (Batch - II) 15.04.13 09.02.13 & 3. Training Programme for the Ministerial Staff 30.06.13 Regional Training Programme for Senior Civil Judges on "An Overview of Law Relating to Motor Insurance" 4. 229 At Madurai - 09.02.2013 At Coimbatore - 09.03.2013 At Chennai - 16.03.2013 Induction cum Training Programme for the Court 5. 16.02.13 59 Managers Training Programme for Judicial Officers and 16.02.13 & 6. System Officers on Change Management and 110 17.02.13 Ubuntu Operating System In-service Training Programme to the Ministerial 7. 23.02.13 Staff of Subordinate Judiciary at each District Training Programme on UBUNTU Software in Districts to Judicial Officers and Staff 8. I Batch - 23.02.2013 & 09.03.2013 II Batch - 16.03.2013 & 17.03.2013 III Batch - 23.03.2013 & 24.03.2013
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Sl. No. of Programme description Period No. Participants Special Training Programme on "Speedy Disposal 9. 23.02.13 130 of Vigilance and Anti-Corruption Cases" Training Programme to the Principal District Judges, Chief Administrative Officers, Court 10. 16.03.13 40 Managers at Madurai Bench of Madras High Court, Madurai Training Programme on UBUNTU Software & Change Management by Master Trainers from Kerala 11. 70 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 12. 23.03.13 176 and Children-Role of Courts" Sharing Best Practices at TNSJA and Different 08.04.13 to 13. 55 Courts at Chennai by Orissa Judicial Officers 12.04.13 Training Programme for the Newly Recruited & 13.04.13 to 14. 28 Newly Promoted District Judges 14.04.13 One day Training Programme for newly recruited & 15. newly promoted District Judges on An Overview of 27.04.13 28 Law relating to Motor Insurance Training Programme for High Court Staff 06.05.13 to 16. I Batch - 06.05.2013 and 07.05.2013 07.05.13 II Batch - 26.06.2013 Refresher Programme for Directly Recruited District 03.05.13 to 17. 17 Judges (2011 Batch) 08.05.13 02.05.13 to 18. High Court Staff Training Programme 09.05.13 Training Programme for Master Trainers from Tamil 13.06.13 to 19. 29 Nadu and other States on UBUNTU OS 16.06.13 Special Programme for all District Judges and 15.06.13 & 20. Chief Judicial Magistrates on Effective District 178 16.06.13 Administration and Court Management
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Sl. No. of Programme description Period No. Participants Regional Training Programme on "Budget Preparation" for the Staff of the Subordinate Courts 21. At Madurai - 02.07.2013 134 At Coimbatore - 19.07.2013 At Chennai - 26.07.2013 Refresher Course for Civil Judges 22. I Batch - 17.08.2013 & 18.08.2013 120 II Batch - 31.08.2013 & 01.09.2013 10.09.13 to 23. Induction Training Programme for Civil Judges 12 09.11.13 14.09.13 & 24. Refresher Course for District Judges 60 15.09.13 Special Training Programme for Judges of Family 14.09.13 & 25. 07 Courts 15.09.13 Training Programmes on Mediation for Senior Civil 14.09.13 & 26. 40 Judges 15.09.13 Exchange Programme - Deputation of Judicial Officers in the Cadre of Civil Judges To Delhi - 18.09.2013 to 21.09.2013 27. 80 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 21.09.13 & 28. Training programme for Civil Judges 100 22.09.13 Seminar on "Corporate Social Responsibility 29. 28.09.13 30 and Alternative Dispute Resolution Special Training Programme on Child Psychology / 26.10.13 to 30. 81 Child Welfare 27.10.13 Special Programme (on Refugees) for The 26.10.13 to 31. Secretaries of the District Legal Services Authority 106 27.10.13 of Tamil Nadu & Puducherry & Civil Judges Special Programme for The Presiding Officer 26.10.13 to 32. of Industrial Tribunal, Chennai & Presiding Officers 11 27.10.13 of Labour Courts in Tamil Nadu & Puducherry
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Sl. No. of Programme description Period No. Participants Special Programme on Conclusion of the Induction 33. 09.11.13 157 Training Programme Newly Recruited Civil Judges Southern Regional Conference on POCSO Act, 16.11.13 to 34. 145 2012 17.11.13 35. Refresher Programme for Senior Civil Judges 30.11.13 106 Training Programme on Mediation for Presiding 30.11.13 & 36. Officers of Family Courts of Tamil Nadu and 46 01.12.13 Puduchery 37. One Day Special Programme for District Judges 07.12.13 105 Inauguration of Redefining Legal Practice for 38. Advocates –Next Generation (0 -10 Years Practice) 15.12.13 66 at District Level
2014
Sl. No. of Programme description Period No. Participants Programme on Protection of Children from Sexual l. 04.01.2014 63 Offences Act, 2012 04.01.2014 & Continuing Legal Education and Professional 05.01.2014 Development Programme for District Court 25.01.2014* 2. 2620 Lawyers Vellore, Salem, Tirunelveli, Cuddalore, 26.01.2014 and Thanjavur, Trichy, Coimbatore, Madurai, Chennai 08.02.2014 & 09.02.2014 Regional Judicial Conference on "Role of Courts 31.01.2014 to 3 121 in Upholding Rule of Law" 02.02.2014 4 Judicial Colloquium on Anti-Human Trafficking 15.02.2014 139 Workshop on "Child Rights and Child Labour 5 22.02.2014 25 Issues" 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
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Sl. No. of Programme description Period No. Participants Refresher Course for Civil Judges I Batch - 14.06.2014 & 15.06.2014 II Batch - 13.09.2014 & 14.09.2014 9. 426 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 197 II Batch - 09.08.2014 & 10.08.2014 12.07.2014 & 11 Refresher Course for District Judges 63 13.07.2014 Special Programme for Presiding Officers of 19.07.2014 & 12 Family Court Judges / Labour Court Judges/ Z3 20.07.2014 NDPS Court Judges and Senior Civil Judges Ministerial Staff Training Programme for Junior 13 Assistants / Copyists / Typists / Readers / 19.07.2014 3729 Examiners at District Head Quarters One-day Training Programme for Sensitization and to Create Awareness on the Juvenile Justice 14 03.08.2014 33 System for Judicial officers and Additional Public Prosecutors Training Programme for High Court Staff I Batch - 09.08.2014 15 464 II Batch - 27.09.2014 III Batch - 01.10.2014 Training Programme for Presiding Officers of 23.08.2014 & 16 Special Courts under PC Act / CBI Courts and Z9 24.08.2014 Mahila Courts Redefining Legal Practice for Advocates - 23.08.2014 & Generation Next (0-10 years practice) - Phase 24.08.2014 and 17 3711 II - Tirunelveli, Thanjavur, Trichy, Chidambaram, 13.09.2014 & Chennai, Coimbatore and Madurai Zones 14.09.2014 Workshop on Bonded Labour Law for Civil 18 07.09.2014 166 Judges
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Sl. No. of Programme description Period No. Participants Ministerial Staff Training Programme at District 19 20.09.2014 1595 Headquarters Training Programme on Criminal Investigation 20.09.2014 & 20 180 and Trial Proceedings for Public Prosecutors 21.09.2014 Southern Regional Round Table Conference 11.10.2014 to 21 on "Effective Implementation of Juvenile Justice 135 12.10.2014 (Care and Protection of Children) Act, 2000" Meeting of Principal District Judges (Head of the 22 District) to Review the Conduct of the Advocate 02.11.2014 33 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 92 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 / 13.12.2014 Chief Administrative Officer / Court Manager International Conference on Emerging Trends in 19.12.2014 to 25 150 Intellectual Property Regime 21.12.2014
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,
143 Madras High Court Report 2011-2014 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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Madurai Bench of Madras High Court Madurai Report 2011-2014
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. 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. 2. 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).
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3. Location Sign Boards MADRAS HIGH COURT CHENNAI - 600 104
Gate No-2 PWD Of a Bose Road North Gate (A) fice (MBA Gate) BLOCK A Muslims’ Area Prayer H Netaji Subash Chandr Parking High Court Main Building High Court Annex Building
all
Gate No-3 North Gate (Be)) Madras Bar Association Court Halls - 30 to 39 (Aavin Gat E Area MBA LAN Information Center Parking Court Halls - No. 1 to 29 n High Court Staff Association Law Press Reporters Room N Xerox Aavin Madras Ba A Gate No-4 Drinking Water (RO) Center Associatio r BAR Council Arbitration n
Judges Gate Judges Mediation Center
MHAA LANE Canteen No-1 Gate Dispensary Advocates’ JUDGES LANE Bar Council Mediatio ater Advocates Clerks Association Toilet Indian Bank ATM
Center n C MHAA RO W Old Law Chamber s Toilet Toilet
BLOCK Women Lawyers BLOCKBLOCKB B High Cour Association s t BLOCK B
ficers Main Buildin n BLOCK C
Addl. Law Chamber g
g Buildin
C BLOCK BLOCK Law
Law Of Law Old Law Chamber Building OLD LA W CHAMBERS LAN LANE Canteen E T Advocates Canteen Building Ambedkar High Court Madras High Court Statue Library Annex - Arbitration Center W CHAMBERS LANE NE JUDGES LANE NEW LA CIVIL COUR Advocates Association w College w Parkin BSNL
Of th Beach Road g Bank Indian Of Post Law Officers Building Area fice fice Addl. Law Chambers Building
Nor
Parking W OFFICERS LA
LA
B BLOCK BLOCK - Advocate General Area - Women Lawyers Association Auditorium) n LIBRAR (5th Floor Y LANE - Govt. Pleader
Ambedkar Govt. La Govt. Ambedkar Law - Creche
. . Dr
Esplanade Road Esplanade Addl. - Public Prosecutor New s - Juice Stall Law Chamber Manu Need hi Cholar Statue - Canteen Aavin Parlour Old Light Hous t e City Civil Cour JUDGES LANE 5 Floor Law Chambers Xerox
LANE JUDGES LANE T Small Causes Court Overseer n - Auditorium Quarters
BLOCK D Law Entry Pass CIVIL COUR BLOCK D Reception Counter BLOCK D BLOCK E
ESPLANADE LA Information BLOCK
Gate No-5 NE Center
Esplanade Gate n Tamilnadu Fire & n City Civil Court Building High Court Museum tatio Rescue Servic Law e
g TRANCE LANE Police S Police Parkin Police Railway High Court Addl. City Civil Court Building & Contro Pay & Us Records l Reservatio n e Tamil Room Counte Toilet Annex Building Translation r Addl. City Civil Cour Auditorium & Other t SOUTH EN - Family Courts Departments
BLOCKBLO E A High Court Record Building Family Court - Labour Courts Labour Cour t CAT - Central Administrative Tribunal Official Assignee Dispensar Toilet
TE LANE y Auditorium & Museum AG & OT Parking BLOCK D - AG & OT Govt. Branch Press Area ATM
SOUTH GA - Official Assignee Police Control Room Puduchery Block PWD Office Temp. Parking Railway Reservation Counter MTC Bus Depot You Pay & Use Toilet Legal Tamil Nadu State ADR Center, DLSA Service Authority are Small Causes Court Building Gate No-7 here South Gate - Law Association North Fort Road
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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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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»» A stilt + Four floored building, constructed at a cost of Rs.7,45,00,000/- for the use of the learned Law Officers.
»» 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.
»» 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.
6. 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.
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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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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
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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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(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.
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Composite Display 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.
Inside the Court Hall Outside the Court Hall
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(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.
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(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. SR Numbering Stage: »» SR Number »» Date of filing »» Date of numbering »» Name of the Counsel 2. 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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MODEL COURTS
Name of the No. of Name of the Court Location District/Taluk Courts
Principal Judge, City Civil Chennai 1 High Court Campus Court
The Nilgiris (District In One Complex District Court & Sub Court 2 Headquarters) (Heritage building)
The Nilgiris(District Judicial Magistrate Court 1 In One complex Headquarters)
TambaramTaluk, Sub Court & Judicial Kancheepuram 3 Combined Court Building Magistrate Court District
Family Court & Coimbatore (District 2 Combined Court Building Labour court Headquarters)
Puducherry (District Family Court 1 Combined Court Building Headquarters)
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.
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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
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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 166 Report 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 Report 2011-2014
150th Year Celebrations Photo Gallery
Madras High Court 168 Report 2011-2014
150th Year Celebrations
169 Madras High Court Report 2011-2014
150th Year Celebrations
Madras High Court 170 Report 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 Report 2011-2014
Southern Regional Conference on Mediation
Madras High Court 172 Report 2011-2014
International Conference On Emerging Trends In Intellectual Property Regime
173 Madras High Court