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Orders reserved on appeal against Madurai Bench

By Our Staff Reporter

CHENNAI, FEB. 25. A Division Bench today reserved its orders on an appeal against the proposed Bench of the Madras High Court in Madurai.

The Bench comprising Justice V.S. Sirpurkar and Justice F.M. Ibrahim Kalifulla reserved orders after hearing the submissions by K.M. Vijayan, senior counsel for the petitioner, V.T. Gopalan, Additional Solicitor-General of India, and R. Muthukumaraswamy, Additional Advocate-General.

The appeal was necessitated by Justice P. Sathasivam dismissing the original writ petition, filed by advocate R. Suresh Kumar on February 26, 2002.

In his petition, Mr. Suresh Kumar said the basis for establishing a Bench in Madurai was the recommendation of the Jaswant Singh Commission and the full court of the Madras High Court. "They are merely recommendations."

"Without legislative sanction they cannot be accepted as an instrument for establishment of court. There was no notification or sanction from the Governor permitting the establishment of an additional Bench in Madurai."

A permanent Bench of a High Court could be established without parliamentary legislation to that effect, he said.

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