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2005 Supreme(Mad) 1882

A.R.RAMALINGAM, P.K.MISRA
Ex-Rect (MP) A. Madurai Veeran No. 7779447/K – Appellant
Versus
Union of India, represented by its Secretary to Government & Others – Respondent


Advocates Appeared: For the Appellant:M. Thirunavukkarasu, Advocate. For the Respondents: K.M. Vijayakumar, Additional Central Government Standing Counsel.

Judgment :-

P.K. Misra, J.

The present appeal is filed against the order of the learned Single Judge, dismissing the W.P.No.742 of 2004 solely on the ground of want of territorial jurisdiction. The entire order of the learned Single Judge is extracted herein:

"The respondents against whom the relief is sought for are 1 to 4. None of them are within the jurisdiction of this Court. Clause 2 of the Art.226 of the Constitution of India reads as follows:

"The power conferred by Clause (1) to issue directions, orders of writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories".

"In the light of the above said clause, this writ petition is dismissed for want of territorial jurisdiction. No costs."

2. The only question to be considered in this present appeal is as to whether the learned Single Judge was correct in dismissing the writ petition only on the ground of lack of territorial jurisdiction.

3.
























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