PRABHA SRIDEVAN, B.SUBHASHAN REDDY
V. Subramanian & Others – Appellant
Versus
Union of India & Others – Respondent
B. Subhashan Reddy, C.J.
At issue is the constitutionality of the Presidential Order titled 'The Madras High Court (Establishment of a Permanent Bench at Madurai) Order, 2004', hereinafter referred to as, 'the Order', issued in exercise of the powers under sub-Section (2) of Section 51 of the States Reorganisation Act, 1956 (37 of 1956), hereinafter referred to as 'the SR Act'.
2. This is a matter concerning the constitution of Madras High Court Bench at Madurai. In fact this is a second round of litigation. The earlier round of litigation went even to Supreme Court and the facts leading to the same and ultimately resulting in filing of these writ petitions are narrated below.
3. The first salvo for creation of a Bench of Madras High Court in southern region of Tamil Nadu and Madurai in particular, was fired by passing a resolution of the Bar Association at Kanniyakumari. The Bar Associations of other districts followed suit in later years and in the year 1983, the matter was referred to Justice Jaswant Singh Commission. The said Commission, after making enquiries, had filed its report in the year 1985 favouring the constitution of a Circuit Bench of Madras High Court at
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