The Tiruvarur District v. The State of Tamilnadu rep. by
Case brief
What is this about?
A public interest litigation challenging the proposal to shift the Family Court from Tiruvarur to Mannargudi. The High Court refused to issue a direction and instead directed the Administrative Committee to examine the plea regarding Mediation Centre facilities in the proposed location before finalizing the location.
What did the court decide?
The matter was placed before the Administrative Committee to examine the plea regarding the Mediation Centre in Mannargudi in light of the petitioner's submissions.
What the court decided
In the High Court of Judicature at Madras
Dated: 07.11.2014
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and
The Honourable Mr. Justice M.SATHYANARAYANAN
Writ Petition No.26183 of 2014 and M.P.No.1 of 2014
The Tiruvarur District Tamil Nadu
Consumer Protection Centre rep. by its President Pirai Arivazhagan No.40, Siva Nagar, Panagal Road Tiruvarur – 610 001. .. Petitioner vs. 1. The State of Tamil Nadu rep. by its Principal Secretary to Government Fort St. George, Chennai 600 009.
- The Registrar General High Court of Judicature at Madras Chennai 600 104. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents herein from changing the location of newly proposed establishment of family court to any other place other than Tiruvarur in terms of G.O.Ms.No.516, Home (Courts II) Department, dated 16.07.2013.
For Petitioner : Mr. K.M. Vijayan, Senior Counsel assisted by Mr. S.P. Harikrishnan for M/s. K.M. Vijayan Associates For Respondents : Mr. V.R. Kamalanathan Addl. Govt. Pleader for R1 Mr. R. Suresh Kumar for R2
Issues for consideration
3 issues framed by the court
Whether this Court can direct the Government not to change the location of the proposed Family Court at Tiruvarur to Mannargudi despite higher pendency in Mannargudi.
Whether the absence of a Mediation Centre in Mannargudi versus its presence in Tiruvarur is a matter for administrative determination.
Whether the proposal to shift the Family Court can be placed before the Administrative Committee for reconsideration in light of the plea regarding Mediation facilities.
Parties & counsel
- petitioner
The Tiruvarur District Tamil Nadu Consumer Protection Centre rep. by its President Pirai Arivazhagan
- respondent
The State of Tamil Nadu rep. by its Principal Secretary to Government
- respondent
The Registrar General High Court of Judicature at Madras
Coram
Case details
As recorded by the court registry
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