Lawfully yours: By Retired Justice K Chandru |Strength of High Court irrelevant to constitutional authority of judge

The transfer of Madras High Court Judge Nisha Banu to the Kerala High Court has divided the legal fraternity in the State. While one group of lawyers requests reinstatement of her position expressing concern that she would lose her seniority, the other demands that she immediately take charge in the neighbouring State. Is it unjust to transfer a judge to a court, thereby forcing the person to lose out on seniority? There are various such controversies surrounding the recommendations of the Supreme Court collegium. The recent appointment of Justice Vipul M Pancholi to the Supreme Court even drew a dissent note flagging the high representation of Gujarat in the apex court, highlighting a disparity across regions. How do you see the controversies surrounding the collegium's decisions?

- S Ragavan, Mandaveli

Article 222 deals with the transfer of High Court judges, including chief justices, from one High Court to another. The Collegium, comprising the Chief Justice of India and senior judges of the court, recommends transfers and appointments. The recommendations are sent to the government, which consults with the President and issues final transfer orders. A judge is usually given a deadline to join the new place. If one feels it was an injustice, he/she can resign from the post. For instance, when the then Chief Justice of Madras High Court, Ms Tahilramani (who was previously the senior-most judge of the Bombay High Court), was transferred to Meghalaya, she resigned her post. Similarly, when Madras High Court Chief Justice Sanjib Banerjee (who previously served as a permanent judge of Calcutta High Court) was transferred to Meghalaya High Court, which has only 3 judges and a small court, he joined and subsequently retired. However, in Nisha Banu's case, she was transferred to the bigger Kerala High Court, and her request for reconsideration was not acceded to. Hence, she has to join there, and when it comes to a constitutional post, it has nothing to do with seniority. Every judge has the same power, salary and perks regardless of the size of the court.

Onus on GCC health officers to issue notices to plot owners to ensure proper maintenance

Land, plots, and abandoned houses in a residential colony in Madhavaram have become an eyesore and a health hazard. The wild vegetation on vacant sites have turned into a habitat for reptiles and other creatures. Besides snakes, we recently noticed African snails crawling up the walls next door, heightening our fears. We approached the Greater Chennai Corporation to trace the owners, but they could not be found. Though, the authorities concerned promised to trace the owners of the unmaintained plots and houses, three to four months have passed with no action. What can be done to ensure the neighbours maintain the plot or house they own? Can’t the GCC penalise such careless people? Such plots turn into garbage dumps, and abandoned houses become a den for anti-social elements. Please advise on a lasting solution for this issue.

- D Kumar, Madhavaram

The onus is on GCC health officers to issue notices to the owners of unused or unoccupied plots to ensure that the land is maintained. In case the owners fail to do their duty, the GCC can take matters into its hands, issue a public notice, and clear the wild growth. You can even try a RTI petition to know the steps taken by the Corporation. If measures initiated by the civic body are not satisfactory, you can move the High Court for appropriate directions to GCC.