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2024 DIGILAW 2654 (MAD)

B. Stalin v. Registrar General, Madras High Court

2024-11-25

A.D.MARIA CLETE, M.S.RAMESH

body2024
ORDER [Order of the Court was made by M.S.RAMESH, J.] Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing Justice C.S.Karnan to restrain from making public statements either written or oral against brother constitutional authorities or any wing of the judiciary or advocates in the public media both visual and others and further not to indulge in any castigating act of defamatory, scurrilous, derogatory, libelous, scandalous and ruthless outcries giving due respect to his oath of office taken on the Constitution of India. This Writ Petition at S.R., stage has been posted before this Court for maintainability. 2. Under Section 3 of the Judges (Protection) Act, 1985, no court shall entertain any proceeding against a Judge for any act thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial function. 3. Since the petitioner in this Writ Petition seeks for a Mandamus to restrain a named sitting Judge of the Madras High Court [now retired], which is impermissible in law, this Writ Petition is not maintainable and the objections made by the Registry in this regard is sustainable. 4. Resultantly, the Registry is directed to return the case papers to the learned counsel appearing for the petitioner, after obtaining his acknowledgment. 5. Accordingly, this Writ Petition at S.R., stage is rejected. There shall be no order as to costs. Consequently, connected miscellaneous petitions also stand rejected.