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Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR
K. Kavitha & Others
Versus
Subramanian @ V.S. Mani & Others
Tr.C.M.P.(MD).Nos.3806, 4565, 6405 of 2005 and 4125, 4126, 4127 and 4129 of 2006 and C.M.P.(MD).Nos.3807, 4566, 6406 of 2005 and M.P.(MD).Nos.1 of 2006
Decided On : 31-01-2007
Transfer of Cases - Jurisdiction of Permanent Bench of Madras High Court at Madurai - Section 24 of the Code of Civil Procedure - Interpretation of Presidential Notification - Judicial Subordination - Administrative Subordination
Fact of the Case:
The case involved multiple transfer petitions filed by respondents seeking transfer of cases pending in various courts to other courts for joint trial. The petitions raised an important question of law concerning the jurisdiction of the Permanent Bench of Madras High Court at Madurai to entertain transfer petitions seeking transfer of cases pending on the file of the Courts functioning within the territorial jurisdiction of the Principal Bench of the Madras High Court at Chennai.
Finding of the Court:
The court rejected the contention that all subordinate courts within the State of Tamil Nadu and Union Territory of Pondicherry are subordinate to both the Principal Bench at Chennai and the Permanent Bench at Madurai. It held that the Principal Bench at Chennai and the Permanent Bench at Madurai should be construed as separate for the practical purpose of exercising jurisdiction. The court also clarified that the Permanent Bench at Madurai does not have the territorial jurisdiction to entertain transfer petitions for cases pending in districts not allotted to its jurisdiction.
Issues: The main issues involved the interpretation of the presidential notification establishing the Permanent Bench of Madras High Court at Madurai, the meaning of 'High Court' in Section 24 of the Code of Civil Procedure, and the distinction between judicial subordination and administrative subordination.
Ratio Decidendi: The court held that the establishment of a Permanent Bench with powers to exercise jurisdiction over defined areas virtually effects a bifurcation of the State for the exercise of jurisdiction by the benches of the High Court. It also emphasized that the term 'subordination' in Section 24 should be construed to mean only judicial subordination and not administrative subordination.
Final Decision: The court dismissed all the transfer petitions, stating that the Permanent Bench at Madurai does not have jurisdiction to entertain the petitions. However, it allowed the petitioners to move the Principal Bench for the relief sought in the petitions.
Tr.C.M.P.No.3806 of 2005 has been filed by one Kavitha, the respondent (wife) in H.M.O.P.No.16 of 2005 on the file of the Sub Court, Dharapuram. She has prayed that the above said H.M.O.P. pending on the file of the Sub Court, Dharapuram be transferred to the file of the Family Court, Madurai for being tried along with another H.M.O.P. filed by her viz., H.M.O.P.No.78 of 2005 on the file of the Family Court, Madurai.
2. Tr.C.M.P.No.4565 of 2005 has been filed by one Vijayajothi, the respondent (wife) in H.M.O.P.No.26 of 2004 now pending on the file of the learned Principal Subordinate Judge, Chengalpattu. She has prayed for the transfer of the above said case from the file of the Principal Subordinate Judge, Chengalpattu to the file of the Subordinate Judge, Tuticorin for joint trial with another H.M.O.P. filed by the petitioner (wife) for restitution of conjugal rights, viz., H.M.O.P.No.66 of 2004.
3. Tr.C.M.P.No.6405 of 2006 has been filed by one S.Krishna, the respondent (wife) in H.M.O.P.No.109 of 2004 now pending on the file of the Second Additional Subordinate Judge, Coimbatore praying that the said H.M.O.P. be transferred to the file of the third Additional Subordinate Judge, Madurai for being tried jointly with H.M.O.P.No.109 of 2005 instituted by the petitioner (wife) on the file of the above said Court.
4. Tr.C.M.P.No.4125 of 2006 has been filed by one Sumitha, the respondent (wife) in F.C.O.P.No.92 of 2006 now pending on the file of the Family Court, Salem seeking transfer of the same to the file of the Family Court, Karur on the ground of convenience of the petitioner.
5. Tr.C.M.P.No.4126 of 2006 has been filed by one R.Revathy, the respondent (wife) in H.M.O.P.No.29 of 2006 on the file of the Principal Subordinate Judge, Coimbatore seeking transfer of the above said case to the Sub Court, Kumbakonam on the ground of convenience of the petitioner.
6. Tr.C.M.P.No.4127 of 2006 has been filed by one D.Lingeswari, the respondent (wife) in H.M.O.P.No.401 of 2006 on the file of the Family Court, Coimbatore seeking transfer of the same to the file of the Principal District Judge, Tirunelveli on the ground of convenience of the petitioner.
7. Tr.C.M.P.No.4129 of 2006 has been filed by one Hemamalini, the respondent (wife) in H.M.O.P.No.3 of 2006 now pending on the file of the Subordinate Judge, Ponneri seeking transfer of the above said case to the Family Court, Madurai on the ground of convenience of the petitioner.
8. All the above said seven Transfer C.M.Ps. have been filed purportedly under Section 24 of the Code of Civil Procedure praying for orders transferring the cases pending on the file of various Courts that come within the territorial jurisdiction of the Principal Bench of Madras High Court at Chennai to the file of various Courts functioning within the territorial jurisdiction of the Permanent Bench of Madras High Court at Madurai. In the first three Tr.C.M.Ps., the respondents have entered appearance through counsel. An important question of law concerning the jurisdiction of the Permanent Bench of Madras High Court at Madurai, to entertain transfer petitions seeking transfer of cases pending on the file of the Courts functioning within the territorial jurisdiction of the Principal Bench of the Madras High Court at Chennai, has arisen as a common issue in all these cases. Therefore, even without ordering notice to the respondents in the latter four cases, they have been directed to be posted for hearing regarding the question of jurisdiction as a preliminary issue and hence all the seven Tr.C.M.Ps. have been taken up together for hearing and are disposed of by the following common order.
9. A Permanent Bench of Madras High Court at Madurai was constituted by a presidential notification called "THE MADRAS HIGH COURT (ESTABLISHMENT OF A PERMANENT BENCH AT MADURAI) ORDER, 2004" dated 06.07.2004 with powers to exercise jurisdiction and powers vested in the High Court in respect of cases arising
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