IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Mahadevan, J.
The High Court of Judicature at Madras rep. by its Registrar General - Petitioner
Versus
The Branch Manager, Oriental Insurance Co. Limited and ors. – Respondents
CMP.No.13380 of 2020 in Review Application SR.No.84024 of 2020
Decided On : 29-04-2021
Constitution of India, 1950 - Article 226, 227, 136, 132 and 133 - N.I.Act, 1881 - Section 138, 34 – Dishonor of cheque due to insufficient funds – Power of High court to issue writs - Seeking leave to file a Review Application - Whether to place it before Hon’ble Chief Justice to obtain necessary orders for circulation or to circulate decision to subordinate judiciary, it is bounden duty of Registrar General to place same before Hon’ble Chief Justice and obtain necessary permission for sensitizing subordinate judiciary - Whether an order is a judicial order or not, one has to look at law from where such power is derived, on whom such power is conferred, who has exercised such power and in what capacity, substantive and procedural laws on matter and consequence of an order passed - Whether judgment is reportable or not - Settled position of law on grounds of review, it is evident that there must be a material error, manifest on face of order that undermine its soundness or results in miscarriage of justice. (Para 21).
Findings of Court – Petitioner/Registry of this court, as a third party to appeal proceedings and whose role is limited to extent of communicating judgment, is not entitled to sustain a review application, as they by any stretch of imagination, cannot be treated as a party aggrieved - Further, it is settled position that a subsequent decision by a higher forum is not a ground for review - Nevertheless, this court has held even otherwise that judgments cited are not relevant and hence, same cannot be relied upon for various reasons as stated above.
Result – Petition dismissed.
ORDER :
Heard all the parties and perused the materials placed before this Court.
2.Seeking leave to file a Review Application in respect of the direction issued by this Court in paragraph 31 of the judgment dated 13.03.2020 in CMA.No.2337 of 2015 etc. batch, the Registry of this Court has come up with this Miscellaneous Petition.
3.For better appreciation, paragraph 31 of the judgment, which is sought to be reviewed by the petitioner, is extracted below:
4. According to the petitioner, since the judgment was passed in relation to the private disputes, the Registry of this court is a third party to the appeal proceedings and hence, the direction issued to the Registry to circulate a copy of the order amounts to an order passed in a public interest litigation and the same can be issued only by the Division Bench dealing with such matters. The petitioner further stated that the general supervision, co-ordination and control of all administrative works of the High Court are vested with the Hon'ble Chief Justice of this court and that, if this court feels that it is a matter of importance where a direction is required to be issued to the subordinate judiciary or executive, then, it has to be placed before the Division Bench dealing with Public Interest Litigations and therefore, such a direction cannot be issued by the learned single judge. To substantiate the said averments, the petitioner placed reliance on the following judgments of the Division Bench of this Court: (i)WA(MD)No.1061 of 2019 dated 23.10.2019 and (ii)WA.No.684 of 2020 dated 03.09.2020, copies of which are enclosed in the typed set of papers filed along with this petition.
5.At the outset, this court is of the view that the aforesaid two judgments relied on by the petitioner are not applicable to the present case, as they are factually different and distinguishable.
5.1 The first case in WA(MD)No.1061 of 2019 arises from the order passed in WP.(MD)No.16250 of 2012, which was filed to challenge the order dated 25.12.2011 passed by the fourth respondent and for consequential direction to permit the writ petitioner therein to discharge duties as part time over head tank operator in the fourth respondent Panchayat. When the writ petition was heard on 04.06.2019, there was power failure for about seven minutes, due to which, the court was put to inconvenience, because there was no emergency lamp available in the court room. Hence, the Registrar Administration was suo motu impleaded and certain queries were raised relating to non-availability of emergency light in the court hall, verification of genuineness of the employees' educational qualification, age limit, community certificates etc., directly touching upon the administrative affairs of the institution. After examining all the aspects, the Division Bench was of the view that the direction issued by the learned single judge was clearly outside the scope of the writ petition and the same also makes inroads into the administrative process adopted by the High Court headed by the Hon'ble Chief Justice. After holding so, the writ appeal was allowed and the directions issued by the learned single judge was set aside.
5.2 In the second case in WA.No.684 of 2020, which was filed by th
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