Writ petitions against the Registrar General must be heard by a Division Bench, and relief cannot be granted without proper jurisdiction and due process.

JUDGMENT

(Prayer:Writ Appeal filed under clause 15 of the Letters Patent against the order dated 22.06.2023 made in W.P.No.22460 of 2012. Writ Appeal filed under clause 15 of the Letters Patent against the order dated 16.06.2023 made in W.M.P.No.17204 of 2023 in Writ Appeal filed under clause 15 of the Letters Patent against the order dated 16.06.2023 made in W.M.P.No.17372 of 2023 in Writ Appeal filed under clause 15 of the Letters Patent against the order dated 22.06.2023 made in W.P.No.22460 of 2012.)

Common Judgent:

S. Vaidyanathan, J.

1. Challenging the order dated 22.06.2023 passed by the learned Single Judge in W.P.No.22460 of 2012, the Madras Bar Association has filed Writ Appeal No.1354 of 2023 and Mr.Vijay Narayan, learned Senior Advocate, has filed Writ Appeal No.2014 of 2023. The Madras Bar Association has filed W.A.No.1739 of 2023 challenging the order dated 16.06.2023 passed in W.M.P.No.17204 of 2023, impleading Mr.A.Mohandoss, Advocate, as a party Respondent in the said Writ Petition and W.A.No.1741 of 2023 challenging the order dated 16.06.2023 passed in W.M.P.No.17372 of 2023, impleading Mr.S.Mahaveer Shivaji, Advocate, as a party Respondent in the said Writ Petition.

2. As the issue involved in all the Writ Appeals is one and the same, cases are taken up for disposal by a common judgment.

3. The above batch of Writ Appeals was argued at length by the learned counsel on either side, consuming much of the Court's time.

4. The cause of action to the lis pertains to an incident alleged to have taken place on 06.01.2012. In the Affidavit filed in W.P.No.22460 of 2012, the Writ Petitioner viz. Mr.Elephant G.Rajendran has stated that on 06.01.2012, around 11.30 a.m., his son, Mr.R.Neil Rashan, who is a practising Advocate in the Madras High Court, in an urge to get his thirst quenched, rushed to the water filter kept in the hall of the Madras Bar Association and that, when he was filling water in a tumbler, Mr.P.H.Pandian, learned Senior Advocate, came to him and forcefully snatched the tumbler from his son's hand and yelled at him that he should not drink water there and asked him to get out. It is further averred that being shocked at the behaviour of the said Senior Advocate, Mr.Neil Rashan left the place with humiliation. On the same day, i.e. on 06.01.2012, the Writ Petitioner had filed a complaint to the Secretary of the Madras Bar Association (MBA) and that he received a reply dated 12.01.2012 from the Association, denying the alleged incident and also stating that a non-member of their Association should not enter and use the facilities of their Association. Subsequently, on 18.01.2012, the Writ Petitioner sent another Petition to the Madras Bar Association, requesting to take action against the said Senior Advocate. In response, the then Secretary of the said Association had replied that suitable action would be initiated against the said member after the Association election. As no action was taken against the said member, the Writ Petitioner issued a notice to the Madras Bar Association on 24.06.2012, to which, there was no reply from the latter.

5. It is further stated by the Writ Petitioner in his Affidavit that, he had already sent a Petition on 13.07.2012 to the Registrar General of this Court to withdraw the Senior Advocate designation of Mr.P.H.Pandian. As no reply was forthcoming from the Registrar General, he filed a Writ Petition in W.P.No.22460 of 2012 seeking a direction to the Respondent/Registrar General of this Court, to consider and pass orders on his Petition dated 13.07.2012 and to take suitable action within a time frame.

6. When the said Writ Petition was taken up for admission, the learned Single Judge directed the Respondent/Registrar General of this Court to file an Affidavit stating the location and extent of facilities of drinking water and toilet provided for the Advocates, Court staff and visiting litigants within the precincts of the High Court campus. Accordingly, an Affidavit dated 27.