- (1.) THE unnumbered civil miscellaneous petition is filed by the defendant for transferring O.S. No. 544 of 2006, filed before the I Additional District Court, Coimbatore, to the Principal District Court, Virudhunagar. THE relevant portion of the Presidential Order dated 6.7.2004, establishing a Permanent Bench, of the Madras High Court at Madurai, is as follows: "THEre shall be established a permanent Bench of the Madras High Court at Madurai and such Judges of the Madras High Court, " shall sit at Madurai in order to exercise the jurisdiction and powers for the time being vested in that High Court in respect of cases arising in the districts of " (names of the districts are omitted as unnecessary) Provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Chennai."
(2.) THUS, as per the Presidential Order, some of the Districts including Virudhunagar have been carved out and come within the jurisdiction of the Permanent Bench at Madurai, whereas the other districts including Coimbatore continue to remain within the jurisdiction of the Principal Bench it Chennai. Registry has raised the question of maintainability of such transfer petition as the district of Coimbatore does not come within the territorial jurisdiction of the Permanent Bench at Madurai.
(3.) LEARNED single Judge, before whom Transfer C.M.P. (MD) SR. No. 31306 of 2007 was listed, has referred the matter to be considered by the Division Bench in view of importance of the question raised and also because of some divergence of view in such matter.;