Madras HC: No Entertaining of Petitions Before Adequate Time - Implications for Legal Proceedings

The Madras High Court recently issued a ruling that courts must not entertain or encourage petitions seeking orders for consideration of the petitioners’ representations made to State authorities without waiting for ‘adequate time’ to let such authorities decide upon their applications or appeals. 

The Court was hearing a writ petition filed by the petitioner, who had approached the High Court within just 10 days of having made an application before the District Registrar with a complaint of fraudulent sale deed registration.

Justice SM Subramaniam noted that any routine orders granting relief on such petitions would infringe upon the rights of similarly placed aggrieved parties, who did not or were not able to approach the High Court. 

He stated that filing an application/appeal before the competent authority and immediately filing a writ petition before the High Court cannot be considered as a good practice nor can be encouraged by the High Courts. The authorities competent, who are empowered to deal with the applications/appeals by conducting an inquiry, must be afforded with reasonable time enabling them to deal with the issues.

The Court further noted that there were no comprehensive guidelines setting deadlines or time limits for authorities to inquire into appeals, pass orders etc. And aggrieved parties, therefore, chose to approach the High Court whenever they wished to. 

It thus directed the Inspector General of Registration to issue a “comprehensive circular to all the competent authorities across the State of Tamil Nadu setting out the procedures for dealing with the applications/appeals” and to ensure that such guidelines were “scrupulously followed.”

In this light, framing administrative guidelines, including prescribing a uniform and definite procedure for the authorities to follow in every application they received was “absolutely essential for the purpose of upholding the constitutional mandate,” the Court said. It directed the Inspector General of Registration to issue such circular by June 12 this year.

The Court also noted that entertaining such writ petitions, filed immediately after filing an application or appeal and issuing a direction to dispose of such application/appeal within a specified period, would result in infringement of the rights of all other persons, who are having interest over the issues.

That apart, number of aggrieved persons would have already filed application/appeal before such competent authorities, which may be pending for long time. Under those circumstances, if the persons who are able to approach the High Court alone are given preference in the matter of disposal of applications/appeals by the competent authorities, then the situation would result in discrimination amongst the same class of People.

Therefore, the Madras High Court has taken a stand that courts must not entertain or encourage petitions seeking orders for consideration of the petitioners’ representations made to State authorities without waiting for ‘adequate time’ to let such authorities decide upon their applications or appeals. It has also directed the Inspector General of Registration to issue a comprehensive circular to all the competent authorities across the State of Tamil Nadu setting out the procedures for dealing with the applications/appeals and to ensure that such guidelines were scrupulously followed.(alert-success)