Madras High Court
A.A.Mohan vs Prayer: Petition Filed Under ... on 31 May, 2021
W.P.No.12143 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.05.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.12143 of 2021
A.A.Mohan .. Petitioner
Vs
1 The Principal Secretary
Law, Court and Prison
Secretariat
Chennai - 9.
2 The Registrar General
Madras High Court
Chennai - 104.
3 The First Additional Sessions Court
City Civil Court
Chennai - 104.
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus to direct the 3rd respondent to
pronounce judgment in case No.SC 348/2015 pending before the 3rd
respondent Chennai before superannuation or extend the tenure of the
Judge.
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Page 1 of 5
W.P.No.12143 of 2021
For Petitioner : Mr.V.J.Arulraj
For Mr.M.Balaji
For Respondents : Mr.R.Shunmugasundaram
Advocate General
Assisted by
Ms.Shabnam Banu, Govt. Advocate
for respondent-1
ORDER
(Made by the Hon'ble Chief Justice)
The petition is for the extension of the tenure of a learned Judge
who demits office at the close of working hours today, so that a
murder trial pending before such Judge can be disposed of without the
matter being dealt with by another Judge.
2. In an extraordinary situation, there is no doubt that an
extension may be granted, particularly since a lot of time has been
spent without any meaningful steps being taken in the matter in the
wake of pandemic and the closing down of Courts thereupon. However,
it is submitted on behalf of the principal accused that it is not as if the
entire trial was conducted by this Judge.
3. The Registry reports that the relieving order has been issued
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W.P.No.12143 of 2021
to this Judge. Even if such is the case, in an exigency, the same can be
undone by a judicial order. However, taking into consideration the fact
that the entire trial may not have been conducted before this Judge,
there may not be any impediment to the successor-in-office taking
over the matter and dealing with the same in accordance with law, as
expeditiously as possible.
4. Accordingly, W.P.No.12143 of 2021 is disposed of with a
direction to the Registrar-General of this Court to ensure that the
vacancy created by the superannuation of the present incumbent in
the relevant Court is filled up within the next fortnight, so that the
matter can be concluded by the end of July, 2021, without granting
any further accommodation to the prosecution or the defence after
June 15, 2021. The rest of the matter may be concluded on the virtual
mode, if arguments remain outstanding. No adjournment should be
sought on either side to deal with the matter any further. There will be
no order as to costs.
(S.B., CJ.) (S.K.R., J.)
31.05.2021
kpl
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W.P.No.12143 of 2021
To
1 The Principal Secretary
Law, Court and Prison
Secretariat
Chennai - 9.
2 The Registrar General
Madras High Court
Chennai - 104.
3 The First Additional Sessions Court
City Civil Court
Chennai - 104.
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W.P.No.12143 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
W.P.No.12143 of 2021
31.05.2021
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