Bar Association Tambaram v. Registrar General High Court, Chennai
2021-01-11
A.A.NAKKIRAN, M.SATHYANARAYANAN
body2021
DigiLaw.ai
ORDER : 1. By consent, the writ petition is taken up for final disposal and is disposed of by this order. 2. Mr. Anand Subramanian, learned counsel accepts notice on behalf of the 1st respondent and Mr. R. Vijayakumar, learned Additional Government Pleader for respondents 2 and 3. 3. The Bar Association of Tambaram represented by the Secretary, came forward to file this writ petition, stating among other things that the petitioner-Association came to be formed in the year 1991 and there are about 500 members and out of them, 200 are senior members. The petitioner would further aver that the Court of District Munsif at Tambaram had been effectively functioning for more than 15 years and later on, the jurisdiction of Alandur Taluk was taken from Tambaram, so also Padappai Firka and it has been allotted to Sriperumbudur Taluk and therefore, the cases from Tambaram District Munsif Court has been transferred to Alandur Munsif Court as well as the Court of District Munsif at Sriperumbudur. In this regard, the Tambaram Bar Association vide representation dated 10.11.2018 requested the 1st respondent to add more Firkas to Tambaram jurisdiction and it is yet to be disposed of. 4. According to the petitioner, the jurisdiction of the Sub Court at Tambaram extends to Tambaram, Alandur Sholinganallur and Pallavaram Taluks and a Sub Court is already functioning at Tambaram and as per the prevailing practice, the Appeals and Title Suits are file whose territorial jurisdiction falls within the limits of Alandur Court, are also filed only in Tambaram Sub Court and also on account of pecuniary jurisdiction. It is further averred by the petitioner that the 2nd respondent, on the proposal/communication from the 1st respondent, had passed an order in G.O.Ms. No. 577 dated 09.08.2016 for constitution of Sub Court at Alandur, Kanchipuram District and in terms of the said Government Order, the Original and Appellate jurisdiction of the Sub Court at Alandur, which was exercising over the District Munsif Court at Alandur, has been removed from the existing jurisdiction of the Sub Court at Tambaram and in paragraph No. 6 of the affidavit, the petitioner has given a tabular column as to the existsing Taluks, Firkas and Villages fall under the Tambaram Sub Court and it is relevant to extract the same: S. No. Taluks Firkas Villages 1. Alandur Taluk Alandur Nandampakka, St.
Alandur Taluk Alandur Nandampakka, St. Thomas Mount, Paruthivakkam, Adambakkam, Nanganallur, Meenambakkam, Poovarasampatu, Thalakanancheri, Cowl Bazar, Cantonment Pallavaram, Pazhavanthangal and Alandur [13 Villages] 2. Sholinganallur Taluk Sholinganallur Semmancherry, Sholinganallur-I, Sholinganallur-II, Uthandi, Injambakkam, Neelangarai, Perungudi, Seevaram, Okiyam Thoraipakkam, Karapakkam, Palavakkam and Kottivakkam [12 Villages] Pallikaranai Pallikaranai, Madipakkam-I, Madipakkam-II, Ullagaram, Nanmangalam and Kovilambakkam [6 Villages] Medavakkam Medavakkam, Jaladianpettai, Perumbakkam, Ottiyampakkam, Arasangazhani, Chithalapakkam and Vengaivasal [7 Villages] 3. Tambaram Taluk Tambaram Pullikoradu, Kadapeti, Tambaram, Perungalathur, Mudichur, Peerkankaranai and Irumbuliyur [7 Villages] Chitlapakkam Thiruvacherry, Selaiyur, Chitlapakkam, Sembakkam, Rajakilpakkam and Gowrivakkam [6 villages] Madambakkam Madambakkam, Kaspapuram, Vengambakkam, Agaramthen, Kovilancherry, Madurappakkam and Moolachery [7 Villages] 4. Pallavaram Taluk Pallavaram Nemilichery, Zamin Pallavaram-I, Zamin Pallavaram-II, Essa Pallavaram, and Hasthinapuram [5 Villages] Pammal Anakaputhur, Pozhichallur, Pammal, Thiruneermalai [4 Villages] 5. Mr. A. Selvendran, learned counsel for the petitioner would submit that on account of the establishment of the Sub Court at Alandur, very many number of cases would be transferred and leaving out a very meager cases to be tried and adjudicated by the Sub Court, Tambaram and the petitioner Association has also submitted a detailed representation dated 15.12.2020 to the Principal District and Sessions Judge, Chengelpet with copies marked to the Hon'ble Chief Justice as well as the Hon'ble Portfolio Judges and as well as to the 1st respondent and prays for appropriate orders. 6. Per contra, Mr. R. Vijayakumar, learned Additional Government Pleader who appears on behalf of the respondents 2 and 3 would submit that after establishment of the Sub Court at Alandur and transfer of cases, still there are 1857 cases to be tried and adjudicated by the Sub Court at Tambaramand it is not a small in number and further points out that on earlier occasions, it is the usual practice for the Bar Association to go on boycott even for reasons which are not connected with the discharge of judicial functions and if the Bar extends maximum cooperation, the pending cases, especially, the five year old cases and odd, can be disposed of and prays for dismissal of this writ petition. 7. This Court has considered the rival submissions and also perused the materials placed before it. 8. The endeavour is to provide justice to the litigant public at the doorsteps that is why for the past five years and odd, very many Courts came to be constituted and inaugurated and in almost all Taluks, there exist Courts exercising civil and criminal jurisdiction.
8. The endeavour is to provide justice to the litigant public at the doorsteps that is why for the past five years and odd, very many Courts came to be constituted and inaugurated and in almost all Taluks, there exist Courts exercising civil and criminal jurisdiction. The primordial consideration, rather anxiety exhibited by the petitioner-Association appears to be on account of transfer of very many cases at Sub Court at Alandur, cases to be tried and adjudicated by the Sub court at Tambaram, would get reduced and as a consequence, the livelihood of the lawyers practising at Tambaram, may be affected. 9. In the considered opinion of the Court, the said apprehension on the part of the petitioner-Association is wholly unfounded for the reason that still, it is open to the members of the petitioner Association to conduct cases before the Sub Court at Alandur also and the distance between Alandur and Tambaram is also around 12 Kms. only and considering the transportation facility available, it cannot be considered as a considerable or lengthy distance. It is not as if the cases pending at Sub Court, Tambaram is going to be stagnated for the reason that nowadays, the litigants are well aware of their rights and in respect of very many cases are filed/instituted as pointed out in the earlier paragraphs, the endeavour would be to provide justice at the doorsteps and in order to achieve the said object, norms for opening of new Courts have been prescribed and the Sub Court at Alandur, came to be established on fulfillment of the said object as well as norms for establishing the new Court. 10. In the light of the reasons assigned above, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.