A petition was filed in the Madras High Court on Wednesday by advocate M Karpagam challenging the transfer of Chief Justice Vijaya Kamalesh Tahilramani to Meghalaya High Court.
Justice Tahilramani resigned on Sept 6 after the Supreme Court collegium of Chief Justice Ranjan Gogoi and four senior most judges rejected her request to reconsider the decision taken last month.
The President of India is yet to accept her resignation.
The petitioner prayed that the President should be prohibited from accepting her resignation as she had been transferred without her consent.
A division of Justices M Sathyanarayana and Justice N Seshasayee, before whom the petition came up for admission, rejected the plea for an urgent hearing and referred it to the registry for fix a date for hearing in normal course.
At the very outset, the bench asked senior counsel S Prabhakaran why the petition had been filed in the High Court when the transfer had been effected by the Supreme Court collegium.
Counsel said the high Court could adjudicate as it was an administrative and not a judicial decision.
Since Tahilrani's resignation, the first court remains locked as she has been staying away.
With issue pending, the President has not acted on the other recommendation of the collegium to appoint Meghalaya High Chief Justice Ajit Kumar in her place. As a result, the Madras High remains topless.