IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, JJ.
M.A. Mohamed Abdul Kader - Petitioner
Versus
The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakadhi Nagar, Chennai – 600001 and Ors. - Respondents
C.R.P.No.201 of 2023
Decided On : 01-02-2023
Dispose of proceedings within a stipulated time - Challenging election proceedings - Petition is to direct Wakf Tribunal to dispose of proceedings within a stipulated time – Held, Practice of giving preference to any litigation without any justification at all circumstances to be avoided - Every litigant approaching Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating litigants - Court is of an opinion that several such similar petitions would be pending before Wakf Tribunal and Court concerned is expected to regulate and give priority to urgent cases and cases, which all are required to be disposed of within a reasonable period of time - Such an exercise cannot be done by High Court with reference to proceedings pending before Wakf Tribunal and Court concerned is right person to regulate its own proceedings on board - Petition disposed of.
ORDER :
1. The relief sought for in the present civil revision petition is to direct the Wakf Tribunal at Chennai to dispose of the proceedings in O.ANo.97 of 2021 within a stipulated time.
2. The petitioner is the plaintiff in the Original Application and the O.A.97 of 2021 was filed, challenging the election proceedings.
3. The learned counsel for the petitioner states that O.A.97 of 2021 is pending for more than 1 year and long delay would cause prejudice to the interest of the parties as the election proceedings are under challenge.
4. Unnecessary adjournments on flimsy grounds would cause prejudice to the parties to the litigation. Rule is to conduct the case on the date it is posted for hearing. Adjournment is an exception. Thus, adjournments are to be granted only on genuine grounds and even in such circumstances, on commencement of trial long adjournments are to be avoided. The reason is to be recorded by the Courts, if it is genuine.
5. Long pendency of litigations causing untold mental agony to the litigants are to be considered by the Courts concerned, while granting adjournments in a routine manner. Any party seeking adjournment on flimsy grounds or attempting to prolong and protract the case, then heavy cost is to be awarded, which is to be paid to the other party, who is ready to conduct the case. If such adjournments are frequently sought for, then exemplary or maximum costs are to be awarded by the Court concerned. The endeavour of the Court is to ensure that the cases are disposed of as expeditiously as possible by avoiding unnecessary adjournments.
6. High Court cannot issue directions to the District Judiciary for speedy disposal of cases in a routine manner. Frequent directions if issued, the same cannot be a practical solution. The trust on the District Judiciary due to overburdening of litigation on Board is to be taken into consideration by the High Court. The routine directions for speedy disposal, if it is issued, it would further cause unnecessary pressure on the District Judiciary. In many such cases, wherein directions are issued, the District Judiciary has come out with administrative letter, seeking extension of time again and again and thus, the purpose for which such directions were issued by the High Court became defeated.
7. The longevity of the litigations are occurring at the instance of the parties on many occasions. The legal brains are adopting tactical approach to prolong and protract the cases for unjust gains and for Forum Shopping. Any party having an idea to achieve their goal in an indirect or illegal manner, then they are adopting all such tactics for the purpose of prolonging the case, which cannot be tolerated by the Courts. On some occasion, if any litigants feel that a particular Judicial Officer in the District Judiciary is inconvenient to them, they are seeking adjournments after adjournments or filing frivolous interlocutory applications through which they all are causing longevity to the litigation. Illmotives of such litigants if allowed to succeed, then the same will result in miscarriage of justice and thus the Courts are expected to be cautious, while granting unnecessary adjournments on flimsy grounds. All such attempts should be thwarted by the Courts and the Court cannot aid such ill-motive of the parties. The frivolous and unnecessary interlocutory applications are to be dealt with in accordance with law and if the Court formed an opinion that such interlocutory applications are filed with an idea to prolong and protract the issues or filed with ill-motives, then the Court would not hesitate in awarding exemplary or maximum cost on such applications. The cases are to be disposed of in consistent manner to avoid unnecessary allegations and to redress the grievances of the parties approaching the Court of Law.
8. In the event of issuing direction in Civil Revision Petitions for speedy disposal without considering the number of cases pending in a particular Court on Boa
The Court emphasized the need for genuine urgency or public interest to justify speedy disposal and highlighted the trust on the District Judiciary, the ill-motives of litigants, and the potential di....
Adjournments should be granted only on genuine grounds, and routine directions for speedy disposal of cases cannot be issued by the High Court.
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