The Policy of the Government has always been to ensure justice to all citizens according to the principles enshrined in the Constitution of India. The actual administration of justice is the responsibility of the courts which function in absolute independence from the executive and the administrative machinery of the Government. The Government of Tamil Nadu is a pioneer in extending speedy, socio-economic justice to all citizens by sanctioning the constitution of courts, wherever necessary, and providing additional infrastructural facilities and other requirements of courts.

The Supreme Court of India, New Delhi, is the apex court of our country. It has control over all the High Courts functioning in the States. The hierarchy of Judiciary at State level is as follows: -

In addition, the following courts/offices are also functioning under various provisions:

1. Official Assignee, High Court, Madras.

2. Administrator General and Official Trustee, Chennai.

3. Labour Courts at Chennai, Madurai, Coimbatore, Tirunelveli, Cuddalore, Salem, Tiruchirapalli and Vellore.

4. Industrial Tribunal, Chennai.

5. Family Courts at Chennai, Madurai, Coimbatore and Salem.

6. Special Courts for trial of Economic Offences at Chennai and Madurai.

7. Special Courts for Protection of Civil Rights.

8. Designated courts under "TADA" Act.

9. Special Courts for trial of Essential Commodities Act cases and Narcotic Drugs and Psychotrophic Substances Act Cases.

10. Special courts at Chennai, Coimbatore and Madurai for exclusive trial of C.B.I. Cases.

11. Special Court at Chennai to try Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act cases.

12. Special Court for exclusive trial of bomb blast cases at Chennai and Coimbatore.

13. Special Court for the trial of Cases of Communal Clashes at Madurai

14. Mahila Courts (Magalir Neethimandram) at Chennai, Coimbatore, Madurai, Tiruchirappalli, Tirunelveli and Salem.

15. Fast Track Courts.

The expenditure of the High Court of Madras is classified as "CHARGED" and the expenditure for the remaining part of the Judiciary as "VOTED".

Charged:

1. High Court Judges and Registrars, Establishment consisting of the Original and Appellate Sides, Translation and Printing Department, the Law Reporters and Establishments, the Assistant Registrars, Pondicherry and establishment relating to extension of jurisdiction to Pondicherry.

2. The Official Assignee and his establishment.

1. The Civil and Sessions Court including the City Civil Courts, Chennai

2. Court of Small Causes, Chennai

3. Courts of Metropolitan Magistrates, Chennai

4. The Subordinate Criminal Courts

5. The Administrator General and Official Trustee, Madras

6. Government Legal Advisers and Counsels.

7. The Special Courts.

8. The Editor and Staff, Publication of Tamil Law Journal, Chennai.

9. Family Courts

The growth and development of the Judiciary in terms of infrastructure and performance have been significant, reflecting the priority accorded to the administration of justice by the Government. Despite the difficult fiscal situation, the government has been providing the needed facilities in respect of buildings, staff and other required infrastructure for the smooth functioning of the Judiciary. The expenditure for 2004-2005 is estimated at Rs.171.90 crores.

The High Court exercises writ jurisdiction and original jurisdiction in civil matters. It has appellate jurisdiction also both in Civil and Criminal matters. On the original side, the High Court tries suits above the value of Rs.10,00,000/- arising within the City of Chennai. The distribution of work among the Honourable Judges is done by the Honourable Chief Justice. The High Court is also exercising extended jurisdiction over the Union Territory of Pondicherry. The expenditure on the Officers and the Staff attending to Pondicherry matters in the High Court is initially incurred by the Government of Tamil Nadu and is reimbursed subsequently by the Government of Pondicherry.

The High Court is the Highest Court of Justice in the State. The sanctioned strength of Honourable Judges of the High Court is 42 including the Honourable The Chief Justice. The High Court is now functioning with a strength of 28 Judges.

The Registrar General is the Administrative head of the High Court. He is assisted by Registrar (Vigilance), Registrar (Judicial), Registrar (Administration), Registrar (Management), the Master , Deputy Registrars, Assistant Registrars, Chief Accounts Officer and Sub-Assistant Registrars.

Besides dispensing Justice, the High Court exercises full administrative control over the entire Subordinate Judiciary in the State.

VII.HIGH COURT BENCH AT MADURAI

There are 32 Judicial Officers, consisting of 13 in the cadre of District Judge including one Magalir Neethimandram Judge, 18 in the cadre of Civil Judge (Senior Division) and the Registrar in the cadre of Civil Judge (Junior Division) who is in charge of Administration. The territorial jurisdiction of the City Civil Court extends over the whole of the city of Chennai.

By Act 1 of 2004, the Tamil Nadu Civil Courts Act, 1873 and the Chennai City Civil Court Act, 1892 have been amended, revising the pecuniary jurisdiction of the Assistant Judge and Principal Judge of City Civil Court as under:

CITY CIVIL COURT

The cases whose value is in excess of Rs.10,00,000/- (Rupees Ten lakhs only) have to be instituted in the High Court. The City Civil Court is also functioning as the Sessions Court for the Chennai Sessions Division.

The total expenditure in respect of the City Civil Court is estimated at Rs.5,88,61,000/- for 2004-2005.

(b) Court of Small Causes, Chennai

The expenditure on the Small Causes Court is estimated as Rs.2,50,11,000/- for 2004-2005.

(ii) Mofussil :

There are 25 District Courts in the State. The District Courts for four new revenue districts-Theni, Tiruvallur, Thiruvarur and Krishnagiri-are yet to be constituted. The District Judges are also the Sessions Judge of the respective Divisions. They are also functioning as Special Tribunals under certain special enactments such as the Employees State Insurance Act, the Estate Abolition Act and the Motor Vehicles Act.

By Act 1 of 2004, the Tamil Nadu Civil Courts Act, 1873 and the Chennai City Civil Court Act, 1892 have been amended revising the pecuniary Jurisdiction of the Mofussil Civil Courts whereby the pecuniary jurisdiction of the District Munsif’s Court has been enhanced. The Jurisdiction of the Sub-Courts which previously enjoyed unlimited Jurisdiction has been limited and District Courts which did not have original Jurisdiction are vested with original Jurisdiction, as under :

They exercise Civil Appellate Jurisdiction over the District. The District Judges are inspecting the Subordinate Civil Courts in their respective Divisions.

The litigant public of certain parts of the State have been experiencing difficulties in having their civil grievances redressed and they have to resort to Civil Courts outside their area, since such Civil Courts do not exist locally. With a view to mitigating their difficulties, the District Munsif-cum-Judicial Magistrate Courts try both civil and criminal cases. The total number of such courts is 64.

The Civil Courts consist of three Establishments: Regular Establishment, Copyist Establishment and Process Service Establishment.

The expenditure in respect of all District Courts, Sub-Courts and District Munsif Courts in the Mofussil for 2004-2005 is estimated at Rs.77,58,65,000/-.

(e) Labour Courts:

There are 10 Labour Courts functioning in the State: three in Chennai, and one each in Madurai, Coimbatore, Vellore, Salem, Tiruchirappalli, Cuddalore and Tirunelveli. There is also an Industrial Tribunal in Chennai having state-wide jurisdiction.

The Presiding Officers of the Labour Courts and the Industrial Tribunal are in the cadre of District Judges. The Labour Courts are adjudicating the labour disputes referred to them by the Government and also the claim petitions filed by parties.

All the Presiding Officers of the Labour Courts and the Industrial Tribunal are touring officers and they hold Camp Courts for adjudicating labour disputes and claim petitions in their respective jurisdiction.

The expenditure in respect of the Labour Courts and the Industrial Tribunal, Chennai for the year 2004-2005 is estimated at Rs.1,69,59,000/- .

There are 24 Metropolitan Magistrate Courts functioning in the City of Chennai including the Court of Chief Metropolitan Magistrate and the Court of Additional Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate, One Additional Chief Metropolitan Magistrate and the second, third, fourth, tenth and eleventh Metropolitan Magistrates are in the cadre of Civil Judge (Senior Division). All other Metropolitan Magistrates are in the cadre of Civil Judge (Junior Division). The Metropolitan Magistrates are exercising jurisdiction with reference to the Police Stations in the City of Chennai.

The expenditure in respect of Metropolitan Magistrate Courts in the City is estimated at Rs.3,58,10,000/- for 2004-2005.

There are 25 Chief Judicial Magistrates. They inspect the Subordinate Criminal Courts in their Districts.

A Judicial Magistrate Court is functioning in almost all taluks. There are 180 Judicial Magistrate Courts in the State. The estimated expenditure on the Criminal Courts in the Mofussil is of the order of Rs.35,32,57,000/- during 2004-2005.