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2021 Supreme(Mad) 3199

N.SESHASAYEE
Selvaraj – Appellant
Versus
Koodankulam Nuclear Power Plant India Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. D. Nallathambi, Mr. G. Prabhu Rajadurai, Mr. R. Gowri Shankar, Mr. S.A. Ajmal Khan.
For the Amicus Curiea : Mr. V. Lakshminarayanan, Mr. Shankar Murali & Mr. J. Barathan.

ORDER :

1.1 This batch of cases and many more of like variety that oft frequent this Court with, what has now become a familiar grievance and have a common complaint :

    When a plaint is presented before the Registry on the Original Side of the District Judiciary, the Registry while scrutinizing it for evaluating its merit for registration, raises baffling if not mindless objections, most of which may be relevant only for final adjudication and not for registering the plaint. And these objections eventually bear the signature of the judicial officer concerned and hence they become the Court’s objections.

Secondly, that plaints are repeatedly returned for curing defects, with the Registry/Court raising its objections in installments.

That a plaint is not taken up for scrutiny for weeks or months, and is neither taken on file, nor returned for weeks to months on end. (Even in this batch there was a CRP(PD) 943/2020 which made a complaint falling in this variety)

1.2 It requires no more than invoking the maxim ‘res ipsa loquitor’ to explain the inconvenience which the Registry and Courts

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