The Madras High Court on Wednesday dismissed a plea seeking to restrain the secretary to the president of India from giving effect to the proposal of the Supreme Court Collegium to transfer Chief Justice Vijaya K Tahilramani to the Meghalaya High Court.
The decision to transfer Justice Tahilramani was taken by the apex court Collegium consisting of its Chief Justice and four other seniormost judges, a division bench of Justices M Sathyanarayanan and N Seshasayee said.
"In the light of the ratio laid down in 'Supreme Court Advocates-on-Record Association', which has been explained and affirmed by a later decision of the apex court in 'K.Ashok Reddy's case', the petitioner is not entitled to maintain this writ petition," the bench said.
The petition contended that there was no provision in the Constitution empowering the collegium to transfer the judges.
"This court can also take judicial notice of the fact that subsequent to reiteration of the decision taken by the Collegium to transfer Justice Tahilramani to the Meghalaya High Court, she had tendered her resignation and it was also accepted by the president of India.
The Union Ministry of Law and Justice (Department of Justice) had also issued a notification on September 20 intimating the appointment of Justice Vineet Kothari, the seniormost judge of the Madras High Court to perform the duties of the office of the Chief Justice and on account of the said development also, nothing remains for adjudication in this writ petition."