C.R.P.No.204 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

C.R.P.No.204 of 2023

A.Kaliammal

... Petitioner

Vs.

1.Vimaladevi

2.The Election Officer / Block Development Officer,

O/o. the Election Officer,

Sriperumbudur Taluk,

Kancheepuram District.

3.The State of Tamil Nadu

Represented by Through District Collector /

Election Officer,

Sriperumbudur Taluk,

Kancheepuram District.

... Respondents

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution

of India, to direct the Learned District Judge Kancheepuram to dispose the

Election Original Petition in No.67 of 2021 on the file of the Learned District

Judge Kancheepuram within a time frame fixed by this Court.

For Petitioner

: Mr.S.Manoj Kumar

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C.R.P.No.204 of 2023

O R D E R

The relief sought for in the present civil revision petition is to dispose of

the Election Original Petition in O.P.No.67 of 2021 pending on the file of the

District Court, Kancheepuram.

2. The learned counsel for the petitioner states that Election Original

Petition challenging the panchayat election for the post of Secretary. The

original petition instituted in the year 2021 is pending for the past more than

one and half years and thus, he has chosen to file the present civil revision

petition for speedy disposal.

3. 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.

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C.R.P.No.204 of 2023

4. 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.

5. 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,

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C.R.P.No.204 of 2023

the purpose for which such directions were issued by the High Court became

defeated.

6. 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 a