Immediately filing writ petition after filing application before competent authority not a good practice: Madras High Court

The Madras High Court recently said that courts must not entertain or encourage petitions seeking orders for consideration of the petitioners' representations made to State authorities without waiting for 'adequate time' to let such authorites decide upon their applications or appeals. .Justice SM Subramaniam said any routine orders granting relief on such petitions infringe upon the rights of similarly placed aggrieved parties, who did not or were not able to approach the High Court."Filing an application/appeal before the competent authority and immediately filing a writ petition before the High Court cannot be considered as a good practice nor can be encouraged by the High Courts. The authorities competent, who are empowered to deal with the applications/appeals by conducting an inquiry, must be afforded with reasonable time enabling them to deal with the issues," the order stated..The Court also noted that there were no comprehensive guidelines setting deadlines or time limits for authorities to inquire into appeals, pass orders etc. And aggrieved parties, therefore, chose to approach the High Court whenever they wished to. It thus directed the Inspector General of Registration to issue a "comprehensive circular to all the competent authorities across the State of Tamil Nadu setting out the procedures for dealing with the applications/appeals" and to ensure that such guidelines were "scrupulously followed.".The Court was hearing a writ petition where the petitioner had approached the High Court within just 10 days of having made an application before the District Registrar with a complaint of fraudulent sale deed registration..It noted that the petitioner had not even waited for the authorities to complete their inquiry into his complaint, and, therefore, refused to grant any relief to the petitioner."Entertaining such writ petitions, filed immediately after filing an application or appeal and issuing a direction to dispose of such application/appeal within a specified period, would result in infringement of the rights of all other persons, who are having interest over the issues. That apart, number of aggrieved persons would have already filed application/appeal before such competent authorities, which may be pending for long time. Under those circumstances, if the persons who are able to approach the High Court alone are given preference in the matter of disposal of applications/appeals by the competent authorities, then the situation would result in discrimination amongst the same class of People," the order stated..In this light, framing administrative guidelines, including prescribing a uniform and definite procedure for the authorities to follow in every application they received was "absolutely essential for the purpose of upholding the constitutional mandate," the Court said.It directed the Inspector General of Registration to issue such circular by June 12 this year..[Read Order]