What the Madras HC directed for the expeditious disposal of Writ Petitions

Expressing concern over pending writ petitions being needlessly dragged on, the Madras High Court has suggested suitable amendments so that a time limit is fixed for filing counter affidavits and related documents..Justice SM Subramaniam passed the order earlier this week, in case concerning the grant of patta land dating back to 2016. The case prompted the Judge to take note of general pattern of habitual adjournments in writ petitions before the Court. As noted in his order,.“It is frequently noticed that the counter affidavits and related documents are not filed in large number of writ petitions now pending before the High Court. The State officials and the competent authorities, who all are the respondents in the writ petitions, are not initiating any effective steps to file counter affidavits and the related documents and produce files, wherever necessary within a reasonable period of time. .The respective learned counsels appearing on behalf of the respondents in these writ petitions are in the habit of seeking adjournments frequently and on many occasions, the writ petitions are adjourned for filing counter in a routine manner.“.It was further observed that when such measures to stall court proceedings are resorted to by the state, it would also entail a failure of its duties under the Constitution..“There is a possibility of collusion in this regard by the officials also. There is a possibility of negligence and dereliction of duty is also to be taken note of. Non filing of the counter affidavits may create many doubts in respect of the litigations to be adjudicated before the Courts….After a reasonable period of time, the Courts have no option, but to deal with the matter and pass orders on merits. Such circumstances should not cause any prejudice to the public interest. When the State is not representing its case, then it is to be construed that the “State” fails in its duty to protect the Constitutional mandates and perspectives.”.The Court observed that a rule imposing a time limit of 3 months to file counter affidavits in writ petitions was already in existence. Reference was made to Rule 3-A of Rules to Regulate Proceedings under Article 226 of the Constitution of India, which reads as under:.“‘R.3-A. Any respondent who intends to file a counter affidavit, shall, unless otherwise ordered, file it within three months from the date of service on him of notice of rule nisi.’“.However, this rule was not incorporated by the Madras High Court. In fact, the Court was informed that this rule was suspended by the High Court through a notification issued in July 2013, although the reasons for such suspension are not known..The Court also took note that in civil cases, the Code of Civil Procedure prescribes a 90-day limitation for filing written statements. Likewise, the Court opined that writ petitions should also be subject to such timelines for filing counter affidavits and other documents..“When such an outer time limit has been stipulated in the amended Civil Procedure Code, it is highly warranted that the same procedure is to be adopted in the writ petitions also, enabling the High Courts to deal with the matter, soon after the cases are listed for final hearing.“.Accordingly, Justice Subramaniam has suggested that such a time limit be specified in the Rule Nisi Notice issued by the High Court so that parties would know when they are expected to file these documents by. Therefore, he has directed the introduction of appropriate amendments to carry out this proposal..“Considering the importance of the issue, which is required for the effective hearings of the writ petitions under Article 226 of the Constitution of India, this Court direct[s] the Registrar General, High Court of Madras, to initiate appropriate actions either to restore Rule 3-A of the Rules to Regulate Proceedings under Article 226 of the Constitution of India or to effect necessary amendments in the Rule, enabling the parties to the writ petitions to file their counter affidavits and the documents within the time to be stipulated in the Rule Nisi Notice being issued by the High Court. .The Registrar General, High Court of Madras is directed to take all necessary actions in this regard for effective and speedy disposal of the writ petitions filed under Article 226 of the Constitution of India before the High Court.”.Read the Order: