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2004 Supreme(Mad) 402

V.S.SIRPURKAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
R. Suresh Kumar – Appellant
Versus
Union of India rep. by Ministry of Law Justice & Company – Respondent


Advocates Appeared:
For the Appellant: K.M. Vijayan Senior Counsel.
For the Respondents:V.T. Gopalan, Addl. Solicitor General assisted by Madhanagopal Rao Sr. C.G.S.C., R. Muthukumarasamy Addl. Advocate General assisted by P. Chandrasekaran, Spl. G.P.

Judgment :-

V.S. SIRPURKAR, J.

1. The appeal is directed against a common judgment, dismissing the writ petitions, W.P. Nos.2402 and 3333 of 2002 along with the WPMPs therein. By W.P.No.2402 of 2002, a practising Advocate of this Court, sought for a Writ, declaring the whole process of establishment of a permanent Bench of the Madras High Court at Madurai to be unconstitutional and illegal. In W.P. No.3333 of 2002, which was also filed by a practising Advocate of this Court, similar kind of Writ was sought, seeking a declaration that the decision under Clause 31 of the Letters Patent of High Court of Madras seeking to constitute and establish a Bench of the High Court of Madras at Madurai as illegal, void and unconstitutional for being passed in violation of the legislative powers of the Parliament under Article 246 read with Entry 78 of the Union List in Schedule VII to the Constitution of India and inconsistent with Article 214 of the Constitution of India. After the dismissal of these two writ petitions by the learned single Judge, writ petitioner in W.P. No.2402 of 2002 did not proceed. However, writ petitioner in W.P. No.3333 of 2002 has proceeded to challenge the decision by wa




























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